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ORDINANCES 


PASSED  BY 


THE  SELECT  AND  COMMON  COUNCILS 


OF  THE 


CITY  OF  PITTSBURGH, 


The  29th  day  of  April,  1§33; 


TOGETHER  WITH  THE 

ACTS  OF  ASSEMBLY  AND  JUDICIAL  DECISIONS  RELATING  THERETO* 


Up  to  the  1st  of  January,  1837* 


PUBLISHED  BY  ORDER  OF  THE  COUNCILS, 


JOHNSTON  &  STOCKTON— MARKET  STREET. 


Pittsburgh,  January  2d,  1837. 

We  respectfully  report  to  the  city  councils  of  Pittsburgh,  that  this  compilation  of 
the  laws,  ordinances  and  regulations,  passed  by  the  select  and  common  councils 
of  the  city  of  Pittsburgh,  since  the  29th  of  April,  1833;  and  also  of  the  acts  or  parts 
of  acts  of  assembly,  relating  specially  to  the  city,  not  heretofore  published  in  pam¬ 
phlet  form,  has  been  prepared  by  us,  and  published  by  Messrs.  Johnston  &  Stockton, 
under  our  direction,  according  to  the  provisions  of  chapter  212,  entitled  “An  ordi¬ 
nance  providing  for  the  publication  of  the  laws  and  ordinances  of  the  city,”  passed 
on  the  15th  of  January,  1836. 

GEO.  A.  COOK, 

President  of  the  Common  Council. 

SAML.  P.  DARLINGTON, 
President  of  the  Select  Council. 

E.  PENTLAND, 

Recorder  of  the  City. 

To  the  Select  and  Common  Councils  of  the  City  of  Pittsburgh . 


,1  Science  ftftPCfC  nWflv  (Kfl.  30  f  CUav  fUh  Ce 


CONTENTS 


■  ^  * 1  ■ 

Titles  of  City  Ordinances  passed  since  the  29 th  day  of  April,  1833. 


174.  An  Ordinance  for  sanitary  purposes,  659 

175.  A  further  supplement  to  the  ordinances  heretofore  passed  for  regulating 

the  markets,  &c.  661 

176.  An  ordinance  respecting  the  deposit  of  offensive  matter,  &c.  662 

177.  An  ordinance  fixing  the  places  of  holding  all  city  and  general  elections,  663 

178.  An  ordinance  authorizing  the  mayor  to  borrow  the  sum  of  six  thousand 

dollars,  for  sanitary  purposes,  664 

179.  An  ordinance  authorizing  the  mayor  to  borrow  a  further  sum  of  fifteen 

thousand  dollars,  for  the  use  of  the  city,  665 

180.  An  ordinance  repealing  the  third  section  of  an  ordinance  passed  on  the 

31st  day  of  December,  1832,  entitled,  “An  ordinance  providing  for  the 
cleansing  of  the  streets  of  the  city  of  Pittsburgh,”  665 

181.  An  ordinance  to  divide  the  city  into  wards  or  districts,  and  for  other  pur¬ 

poses,  666 

182.  An  ordinance  supplementary  to  an  ordinance  entitled,  “An  ordinance  for 

the  organization  of  the  city  of  Pittsburgh,”  668 

183.  An  ordinance  concerning  the  assessment  and  appropriation  of  the  city 

taxes  for  the  year  1834,  669 

184.  An  ordinance  authorizing  the  mayor  to  borrow  the  sum  of  ten  thousand 

dollars  for  the  use  of  the  city,  670 

185.  A  supplement  to  “An  ordinance  making  certain  regulations  in  cases  of 

fire,  and  to  prevent  fires  from  breaking  out,”  passed  September  21st,  1816,  671 

186.  Joint  resolutions  of  the  select  and  common  councils  of  Pittsburgh,  respect¬ 

ing  the  decease  of  Major  General  Lafayette,  672 

187.  An  ordinance  regulating  the  cleansing  of  vaults,  privies  and  necessary 

houses;  and  for  the  suppression  and  prevention  of  all  nuisances  arising 
from  the  same  in  the  city  of  Pittsburgh,  672 

188.  An  ordinance  in  relation  to  the  footways  on  Seventh  street,  674 

189.  An  ordinance  on  the  subject  of  locks  for  wagons,  and  other  wheel  car¬ 

riages,  in  the  city  of  Pittsburgh,  674 

190.  An  ordinance  to  repeal  the  authority  to  borrow  money  by  virtue  of  an  or¬ 

dinance  passed  the  27th  day  of  November,  1833,  675 

191.  An  ordinance  for  raising  money  by  loan,  to  be  applied  to  the  discharge  of 

several  debts  heretofore  contracted  by  the  corporation  of  the  city  of 
Pittsburgh,  675 

192.  An  ordinance  for  the  appointment  of  city  printers,  678 

193.  An  ordinance  for  the  redemption  of  city  bills,  and  for  the  payment  of  the 

interest  thereon,  under  certain  provisions,  679 

194.  An  ordinance,  supplementary  to  an  ordinance  entitled,  “An  ordinance 

for  raising  money  by  loan,  to  be  applied  to  the  discharge  of  several  debts 
heretofore  contracted  by  the  corporation  of  the  city  of  Pittsburgh,”  679 

195.  An  ordinance  to  change  the  mode  of  assessing  and  collecting  the  water 

rents,  and  for  other  purposes,  680 

196.  An  ordinance  concerning  the  assessment  and  appropriation  of  the  city 

taxes  for  the  year  1835,  and  for  other  purposes,  68$ 


IV 


TITLES  OF  ORDINANCES. 


X 


y 


X 

X 


Chap.  _ 

197.  An  ordinance  for  the  redaction  of  the  rent  paid  by  the  weigh  master  of  *** 

the  market  house, 

198.  An  ordinance  for  the  construction  and  management  of  the  Pittsburgh  gas 

works,  &  6  0g5 

199.  An  ordinance  for  the  purpose  of  tearing  down  the  Liberty  street  market 

house,  Kao 


200.  A  further  supplement  to  an  ordinance  entitled  “An  ordinance  regulating 

the  markets,”  &,c. 

201.  An  ordinance  supplementary  to  an  ordinance,  entitled  “An  ordinance  for 

the  construction  and  management  of  the  Pittsburgh  gas  works,” 

202.  An  ordinance  granting  aid  to  the  fire  engine  and  hose  companies  in  the 

city, 

203.  A  further  supplement  to  an  ordinance,  entitled  “An  ordinance  for  the 

construction  and  management  of  the  Pittsburgh  gas  works,”  passed 
27th  of  April,  1835,  and  of  a  supplement  thereto,  passed  16th  of  May, 
1835, 

204.  An  ordinance  supplementary  to  an  ordinance,  entitled  “An  ordinance 

for  raising  money  by  loan,”  &c.  passed  the  29th  day  of  November, 
1834,  and  a  supplement  thereto,  passed  the  18th  of  February,  1835- 

205.  An  ordinance  granting  permission  to  erect  a  bridge  over  the  Canal,  at  or 

near  Washington  street, 

206.  An  ordinance  providing  for  the  recovery  of  fines,  forfeitures  and  penal¬ 

ties, 

207.  An  ordinance  to  confirm  the  purchase  of  a  lot  of  ground,  for  the  Pitts¬ 

burgh  gas  works,  and  for  raising  the  funds  to  make  payment  therefor, 

208.  An  ordinance  repealing  an  ordinance,  entitled  “An  ordinance  respecting 

landings,  and  depositing  materials  near  the  Monongahela  bridge,” 

209.  An  ordinance  for  the  better  regulation  of  the  market  in  the  Diamond, 

210.  An  ordinance  for  changing  the  place  of  holding  the  general  and  city  elec¬ 

tions  for  the  North  ward, 

211.  An  ordinance  to  divide  the  city  into  wards  or  districts,  and  for  other  pur¬ 

poses, 

212.  An  ordinance  providing  for  the  publication  of  the  laws  and  ordinances  of 

the  city, 

213.  An  ordinance  increasing  the  amouut  of  security  of  the  city  treasurer, 

214.  An  ordinance  providing  for  the  appointment  of  city  printers, 

215.  An  ordinance  authorizing  a  committee  to  purchase  the  Neptune  Engine 

lot,  and  to  pay  for  the  same, 

216.  An  ordinance  authorizing  the  mayor  to  borrow  thirty  thousand  dollars,  in 

order  to  raise  money  to  pay  off  a  loan,  and  for  other  purposes, 

217.  A  further  supplement  to  an  ordinance,  entitled  “An  ordinance  establish¬ 

ing  the  salaries  and  compensations  of  the  mayor  and  sundry  other  offi¬ 
cers  of  the  city  of  Pittsburgh, 

218.  An  ordinance  concerning  the  assessment  and  appropriation  of  the  city 

taxes  for  the  year  1836, 

219.  A  further  supplement  to  “An  ordinance  for  the  construction  and  manage¬ 

ment  of  the  Pittsburgh  gas  works,”  passed  27th  April,  1835,  and  to  the 
supplements  thereto,  passed  respectively,  May  16th  and  June  1st,  1835, 

220.  An  ordinance  for  the  establishment  of  a  permanent  watch, 

221.  An  ordinance  declaring  and  fixing  the  grade  of  certain  streets  and  alleys, 

222.  An  ordinance  supplementary  to  the  several  ordinances  relative  to  the 

Pittsburgh  gas  works, 

223.  An  ordinance  establishing  the  grade  of  Water  street,  Monongahela  wharf, 

&c. 

224.  An  ordinance  relating  to  hucksters,  and  for  other  purposes, 

225.  An  ordinance  altering  and  fixing  the  salaries  of  the  night  w  atch, 

226.  An  ordinance  increasing  the  rents  of  stalls  in  the  Diamond  market-house, 

&c. 

227.  An  ordinance  authorizing  the  mayor  to  borrow  thirty  thousand  dollars,  in 

order  to  raise  money  to  pay  off  a  loan,  and  for  other  purposes, 

228.  An  ordinance  providing  for  the  purchase  of  two  pieces  of  ground  on 


690 

690 

691 

694 

696 

696 

700 

700 

701 

701 

702 

704 

705 

706 

706 

707 
707 

709 

709 

710 
712 
715 

717 

724 

725 

726 

792 

792 


TITLES  OF  ORDINANCES 


Chap.  ,  „  Pa&e- 

Holmes’  Hill,  in  the  manor  of  Pittsburgh,  containing  together  five  acres, 
eighty-one  perches,  and  one  hundred  and  eighty-one  feet,  793 

229.  An  ordinance  changing  the  places  for  holding  the  general  and  city  elec¬ 

tions  for  the  East  and  South  wards  of  the  city  of  Pittsburgh,  caused  by 
the  occupants  of  the  houses  now  authorized  for  holding  of  the  same,  de¬ 
clining  to  have  said  elections  held  therein, 

230.  An  ordinance,  supplemental  to  an  ordinance  regulating  the  distribution 

of  water,  and  for  the  protection  of  the  water  works  of  the  city  of  Pitts¬ 
burgh,  passed  the  23d  of  February,  1829, 

231.  Terms  upon  which  the  public  will  be  supplied  with  gas,  by  the  trustees  of 

the  Pittsburgh  gas  works,  795 

232.  An  ordinance  concerning  dogs,  797 

233.  An  ordinance  supplementary  to  the  several  ordinances  relative  to  the 

Pittsburgh  gas  works,  798 


794 


794 


Titles  of  the  several  Acts  of  the  General  Assembly  of  Pennsylvania,  res¬ 
pecting  the  City  of  Pittsburgh,  passed  since  the  29 th  of  April,  1833. 

Nos.  ,  Page- 

162.  A  further  supplement  to  the  act,  entitled  “An  act  to  incorporate  the  city 
of  Pittsburgh, ’’and  for  other  purposes.  Passed  15th  April,  1835.  Pamph. 

Laws  of  Penn,  session  of  1834-5,  p.  291-95,  697 

5.  A  supplement  to  an  act  incorporating  the  city  of  Pittsburgh,  passed  on 
the  18th  day  of  March,  one  thousand  eight  hundred  and  sixteen.  Pass¬ 
ed  16th  December,  1833.  Pamph.  Laws  of  Penn,  session  of  1833-34,  p.  4-5,  702 
96.  An  act  relative  to  the  Pittsburgh  gas  works.  Passed  31st  March,  1836. 

Pamph.  Laws  of  Penn,  session  of  1835-36,  p.  319-20, 

141.  A  further  supplement  to  the  act  incorporating  the  city  of  Pittsburgh,  pass¬ 
ed  the  eighteenth  day  of  March,  eighteen  hundred  and  sixteen,  and  for 
other  purposes.  Passed  1st  April, 1836.  Pamph .  Laws  of  Penn,  session 
of  1835-6,  p.  426, 

120.  An  act  to  authorize  the  opening  of  an  alley,  in  the  city  of  Pittsburgh,  from 
St.  Clair  street  to  Irwin  street.  Passed  11th  April,  1835.  Pamph.  Laws 
of  Penn,  session  of  1834-5,  p.  194-5, 

238.  An  act  to  fix  the  standards  and  denominations  of  measures  and  weights, 
in  the  commonwealth  of  Pennsylvania.  Passed  15th  April,  1834 
Pamph.  Laws  of  Penn,  session  of  1833-34,  p.  524-28, 

Act  of  Congress. — An  act  to  continue  the  mint  at  the  city  of  Philadelphia,  and 
for  other  purposes.  Passed  19th  May,  1828.  Pamph.  Laws  of  U.  S.  ses¬ 
sion  of  1827-8,  p.  55, 

166.  An  act  to  consolidate  and  amend  the  several  acts  relative  to  a  general  sys¬ 
tem  of  education  by  common  schools.  Passed  13th  June,  1836.  Pamph. 

Laws  of  Penn,  session  of  1835-36,  p.  525-34, 

184.  An  act  relating  to  inspections.  Passed  15th  of  April,  1835.  Pamph.  Laws 

of  Penn,  session  of  1834-35,  p.  384-424,  736 

104.  A  supplement  to  an  act  entitled  “An  act  relating  to  inspections,”  approved 
the  fifteenth  day  of  April,  one  thousand  eight  hundred  and  thirty*five. 
Passed  31st  March,  1835.  Pamph.  Laws  of  Penn,  session  of  1835-36,  p. 
332-3.  768 

198.  An  act  to  incorporate  the  Preston  Retreat,  and  relative  to  the  sale  of 
lands  of  St.  John’s  church,  in  Norristown,  Montgomery  county,  and  for 
other  purposes.  Passed  16th  of  June,  1836.  Pamph.  Laws  of  Penn.ses- 


716 


718 


718 


719 


724 


726 


sion  of  1835-36,  p.  825, 

96.  An  act  declaring  the  streets  in  the  town  of  Mifflinburg,  in  Columbia  coun¬ 
ty,  public  highways,  and  relative  to  Duqnesne  Way,  Pittsburgh  Gas 


769 


VI 


TITLES  OF  ACTS. 


Nos.  Pago 

Works,  and  for  other  purposes.  Passed  31st  of  March,  1836.  Pamvh. 
Laws  of  Penn,  session  of  1835-6,  p.  317-20, 

190.  An  act  to  authorize  suit  to  be  brought  upon  the  official  bond  of  William 
B.  Mitchell,  late  superintendent.  Passed  31st  of  June,  1836.  Pamph. 
Laws  of  Penn,  session  of  1835-36,  p.  749-54, 

189.  An  act  to  authorize  Isaac  C.  Worrell  and  Richard  Stout,  surviving  trus¬ 
tees  for  the  Free  Will  Baptists  of  the  Borough  of  Frankford,  to  sell  cer¬ 
tain  real  estate,  and  to  authorize  the  church  wardens  of  the  Protestant 
Episcopal  Church  of  Morgantown,  in  the  county  of  Berks,  to  sell  and 
convey  certain  real  estate,  and  for  other  purposes.  Passed  16th  June, 
1836.  Pamph.  Laws  of  Penn,  session  of  1835-36,  p.  745-6, 

168.  An  act  relating  to  the  support  and  employment  of  the  poor.  Passed  13th 
of  June,  1836.  Pamph.  Laws  of  Penn,  session  of  1835-36,  p.  539-51, 

142.  An  act  for  the  prevention  of  injuries  to  individuals  by  the  gross  negligence, 
or  wilful  misconduct  of  stage  drivers  and  others.  Passed  1st  of  April, 
1836.  Pamph.  Laws  of  Penn,  session  of  1835-6,  p.  427, 

5.  Resolution  relative  to  the  collection  of  the  state  tax.  Passed  10th  of 
March,  1836.  Pamph.  Laws  of  Penn,  session  of  1835-36,  p.  832, 

14.  Resolution  requiring  the  president,  faculty  and  trustees  of  colleges,  and 
trustees  or  managers  of  academies  or  schools,  (other  than  common 
schools,)  to  make  certain  reports  to  the  superintendent  of  common 
schools.  Passed  1st  of  April,  1836.  Pamph.  Laws  of  Penn,  session  of 
1835-6,  p.  842,  790 

7.  A  supplement  to  the  “act  to  enable  the  governor  to  appoint  notaries  pub¬ 
lic,  and  for  other  purposes,  therein  mentioned,”  passed  5th  of  March, 
1791.  3  Dallas,  p.  12.  3  Smith,  p.  6.  Pardon's  Digest,  p.  659-60.  Pass¬ 
ed  14th  of  January,  1834.  Pamph.  Laws  of  Penn,  session  of  1833-34,  p. 
6-7.* 

Act  of  Congress. — A  resolution  providing  for  the  distribution  of  weights  and 
measures.  Passed  14th  of  June,  1836.  Pamph.  Laws  of  the  U.  States, 

1st  session  of  the  'Mth  Congress,  p.  255, 


770 


773 


777 

778 


788 

789 


790 


790 


*[CF  Note.  By  the  act  of  the  5th  March,  1791,  Purd.  Dig.  p.  659,  the  governor 
was  authorized  to  appoint  and  commission  a  competent  number  of  persons,  of  known 
good  character,  integrity  and  abilities,  as  notaries  public  for  the  commonwealth  of 
Pennsylvania,  to  reside  within  such  place  or  places  within  this  state  as  the  governor 
shall  in  and  by  the  respective  commissions  direct,  to  hold  their  commissions  during 
good  behaviour;  fixing  the  number  to  be  appointed  at  six  in  the  city  and  county  of 
Philadelphia,  and  not  more  than  three  in  any  other  county  of  the  state — and  pro¬ 
viding,  that  no  person  shall  be  commissioned  as  a  notary,  who  has  not  resided  with¬ 
in  the  commonwealth  at  least  two  years  previous  to  his  appointment.  In  conse¬ 
quence  of  the  great  increase  of  banking  incorporations  throughout  the  state,  many 
supplements  have  been  passed,  to  the  act  of  1791,  increasing  the  number  of  nota¬ 
ries  accordingly.  In  Allegheny  county  there  are  now  seven.  See  “  List  of  City 
Officers,”  &c.  in  appendix.  By  the  act  of  2d  January,  1815,  6  Smith ,  p.  238,  Purd. 
Dig.  660,  the  official  acts,  protests,  and  attestations  of  all  notaries  public,  (acting  bv 
the  authority  of  Pennsylvania,)  certified  according  to  law,  under  their  respective 
hands  and  seals  of  office,  may  be  read  and  received  in  evidence  of  the  facts  therein 
certified,  in  all  suits  that  now  are  or  hereafter  shall  be  depending  in  the  courts  of 
this  commonwealth;  provided,  however,  that  any  party  may  be  permitted  to  con¬ 
tradict,  by  other  evidence,  any  such  certificate.  See  6  Serg.  8?  Rawle,  324,  484. 
12  Serg.  Rawle ,  284.  8  Wheaton,  326.  2  Peters,  179.  3  Wash.  C.  C.  Rep.  229, 
The  certificate  of  a  notary  public,  under  his  notarial  seal,  is  prima  facie  evidence, 
that  the  person  signing  the  certificate  is  a  commissioned  notary.  6  Serg.  8$  Rawle, 
484.  A  notarial  protest  is  evidence,  under  the  act  of  1815,  of  notice  to  the  indorser 
of  a  promissory  note,  of  non-payment  by  the  drawee.  Ibid  324,  484. 


APPENDIX. 


No.  I.  List  of  City  Officers, 

II.  Public  Loans  and  City  Debt, 

III.  Common  Schools  and  General  System  of  Education, 


ERRATA. 


Page  660,  15th  line  from  top,  for  released  read  replaced . 

“  678,  18th  line  of  note,  for  24 th  February ,  1824,  read  1834. 

“  “  Same  line,  for  2 6th  February,  1824,  read  26th  of  May,  1834. 

“  680,  4th  line  from  the  bottom,  after  the  word  collect  add  the  words  and  recover. 

“  703,  Top  line,  after  the  words  said  wards ,  insert  the  words  at  such  houses  with¬ 
in  the  bounds  of  the  respective  wards. 

“  703,  16th  line  of  sect.  III.  after  the  words  the  office  of,  insert  the  word  mayor. 

“  716,  Last  line  but  one  of  note  57,  for  post  read  ante. 

11  717,  For  Chapter  CXXII.  read  Chapter  CCXXII. 

11  720,  7th  line  of  sect.  IV.  for  eighth-two  read  eiglity-two. 

11  723,  For  passed  14 th  April,  1835,  read  15 th  April,  1834. 

“  “  For  session  of  1834-5,  p.  438,  read  session  of  1833-34,  p.  528. 

*■  725,  4th  line  of  chap.  224,  for  marketplace  read  market  space. 

u  728,  7th  line  from  top,  strike  out  after  the  word  taxes,  the  words  and  upon  all 
property  now  taxable  for  county  purposes. 

“  755,  5th  side  note,  for  purchaser  read  seller. 

“  764,  1st  side  note,  for  reversed  read  reviewed. 

“  769,  5th  side  note,  for  \6th  April  read  15/^  April. 

“  773,  In  note  74,  first  line,  for  815-17  read  716-17:  and  same  line,  for  note  56 
read  note  57. 

See  note  61,  ante ,  p.  718.  The  statement  in  this  note  is  erroneous.  There  is  a 
street  of  the  designation  of  u Irwin  street ,”  in  the  original  plan  of  the  city, 
running  from  Liberty  street,  nearly  opposite  Sixth  street,  to  the  Allegheny 
river.  The  rest  of  the  note,  No.  61,  may,  of  course,  be  corrected  accord¬ 
ingly. 


ORDINANCES. 


CHAPTER  CLXXIV. 

An  Ordinance  for  Sanitary  purposes. 

Sect.  1.  Be  it  ordained  and  enacted  by  the  citizens  of 
Pittsburgh,  in  Select  and  Common  Council  assembled,  That 
the  first,  second  and  third  sections  of  an  ordinance  entitled 
u An  ordinance  for  sanitary  purposes,”  passed  the  25th  day  of ^ ' chlT^iei* 
June,  1832,  be  and  the  same  are  hereby  revived  and  re-enact-  ant6j  p.  585-6! 
ed,  to  continue  in  force  during  the  present  year.1 

II.  That  all  expenses  that  may  be  incurred  in  the  execu-  Expenses  to 
tion  of  this  ordinance,  shall  be  settled  by  the  sanitary  board  be  settled  and 
and  reported  to  the  mayor,  who  shall  draw  his  warrant  upon  the  p  1 

city  treasurer  for  the  same,  payable  out  of  any  moneys  not 
otherwise  appropriated. 

III.  That  a  board,  to  be  called  “  The  Sanitary  Board,” 

shall  be  forthwith  constituted,  to  consist  of  two  members  from  . 

the  select,  and  three  members  from  the  common  council,  to-  board  wera- 
gether  with  the  mayor,  the  recorder  and  three  of  the  aldermen  jzed; 
of  the  city,  to  be  organized  and  classed  as  hereinafter  provi¬ 
ded,  whose  duty  it  shall  be  to  adopt  and  direct  all  such  mea¬ 
sures  as  they  think  necessary  for  averting  the  introduction  of  Duties  of  the 
the  frightful  epidemic  disease,  which  has  approached  the  bor-  bid¬ 
ders  of  our  country ;  and  for  this  purpose  this  board  shall  have 
power  to  cause  the  streets,  lanes,  alleys,  buildings,  lots,  and 
shores  of  the  rivers  to  be  explored,  cleansed,  and  purified  in 
an  efficient  manner;  to  provide  and  secure,  at  proper  places, 
all  ingredients  necessary  for  the  prompt  aid  and  relief  of 
the  patients  infected,  and  executing  the  general  plan  of  this 
ordinance,  and  to  provide  and  prepare  suitable  depots  for  the  Sick  persons 
reception  of  the  sick,  their  nurses  and  attendants,  and  to  en-  |?rbe  Prov*ded 
gage  medical  aid  for  their  restoration ;  and  further,  the  board  °r‘ 
shall  have  authority  to  divide  the  city  into  districts,  and  to 
appoint  one  or  more  assistants  for  each  district,  and  to  fix  dh^ed 
their  compensation  per  diem  for  their  services:  and  it  shall  into  districts, 
be  the  duty  of  those  assistants  to  examine  their  respective  dis-  &c. 
tricts  daily,  and  report  to  the  board,  or  to  the  mayor,  if  the 
board  be  not  in  session,  all  offensive,  foul,  or  mouldy  vaults,  N  . 
cellars,  privies,  or  other  nuisance  of  any  kind,  injurious  to  be  Amoved  l° 
the  health  or  comfort  of,  as  well  in  the  streets,  lanes,  and  &c. 


1  For  the  three  sections  referred  to,  see  chap.  161,  ante ,  pages  585-6. 


660 


SANITARY  BOARD. 


shores  of  the  rivers  as  within  the  enclosures  and  houses  of  the 
citizens:  and  the  said  board  shall  have  full  power  and  author- 
General  pow-ity  to  do  lawful  acts  they  may  in  their  discretion  judge 
erof  the  board,  necessary,  for  averting  the  calamity  with  which  the  city  is 
threatened,  and  shall  continue  in  office  during  the  present 
year,  unless  their  commission  be  revoked  by  a  resolution  of 
the  councils. 

IV.  That  in  organizing  and  continuing  the  said  board,  the 
mayor  and  recorder  of  the  city  shall  be  permanent  members 
thereof,  and  the  aldermen  shall  be  classed,  so  that  three  of 

How  the  them  shall  serve  for  one  month,  and  then  be  replaced  by  other 
board  shall  be  three  in  rotation  monthly,  during  the  continuance  of  the 
constituted,  board,  and  the  respective  councils  shall  also  be  classed  so  as 
to  designate  the  members  to  act  first,  and  to  serve  for  one 
month,  and  then  be  released  by  another  class : — Five  of  the 
board  shall  be  a  quorum  to  do  business;  they  shall  meet  three 
times  in  every  week,  or  oftener  if  they  shall  find  it  necessary , 
and  shall  keep  minutes  of  their  proceedings;  they  shall  make 
Accounts  to  an^  keep  a  faithful  account  of  all  contracts  and  expenditures, 
be  kept,  &c.  and  when  accounts  are  sanctioned  by  the  board,  the  mayor 
shall  draw  his  warrant  for  the  amount  payable  out  of  the  fund 
herein  provided  for  that  purpose. 

V.  That  it  shall  be  the  duty  of  the  superintendent  of  the 
water  works  to  obey  and  execute  the  written  orders  of  this 

Duty  of  the  board  relative  to  the  management  of  the  water  for  cleansing 
ent^Hhe  wa- anc*  Purifying  the  city;  and  it  shall  be  the  duty  of  every  citi- 
ter  works.  zen  occupying  any  house  or  tenement  within  the  city,  to  obey 
and  execute  the  written  or  printed  orders  of  the  board  relative 
Cleaning  of  to  cleansing  the  gutters,  pavements  and  spaces  in  front  of 
streets  and  gut-  their  respective  lots,  and  if  they  fail  to  do  so,  each  person 
ters,  &c.  refusing  or  neglecting  to  comply  with  such  orders,  shall  for¬ 
feit  and  {my  for  every  such  offence  five  dollars,  to  be  recovered 
with  costs  as  other  forfeitures  are  recoverable  under  the  city  or¬ 
dinances:  It  shall  also  be  the  duty  of  the  street  commissioners 
Duty  of  the  to  obey  and  execute  the  written  orders  of  the  board, Tor  the 
street  commis-  prompt  removal  of  all  dirt  and  filth  from  places  where  it  may 
sioner  and  of  accumulate,  and  to  cause  the  same  to  be  placed  where  it  can- 
wharf  master.  not  ^  jnjurious  to  the  water  works  of  the  city:  it  shall  be  the 
duty  of  the  wharf  master,  to  'examine  all  steam  boats,  keel 
boats  and  other  water  craft  that  may  arrive  in  the  bounds  of 
the  city,  and  make  reports  to  the  board  in  the  manner  they 
may  require;  and  all  constables  of  the  city  shall  make  daily 
reports  to  the  hoard,  or  to  the  mayor,  of  all  nuisances  they 
observe,  and  of  all  cases  of  arrivals  of  sick  persons  within  the 
bounds  of  the  city.2 

Passed  27th  May,  1833;  and  recorded  30th  May,  1833,  in  Book  A. 
pages  187-88. 

2  According  to  the  provisions  of  this  ordinance  a  sanitary  board  was  organized 


MARKETS  AND  MARKET  HOUSES. 


661 


CHAPTER  CLXXV. 

A  further  supplement  to  the  ordinances  heretofore  passed  for  regu¬ 
lating  the  markets,  &c. 

I.  That  from  and  after  the  passing  of  this  ordinance,  mar¬ 
ket  shall  be  held  on  Monday  and  Thursday  of  each  and  eve-  Regulations 
ry  week  at  the  market  house  in  Liberty  street,  subject  to  the  as  to  the  mar- 
same  rules  and  regulations,  and  to  the  like  penalties  for  vio-  ket  house  in 
lations  of  market  days  and  hours,  as  are  made  and  provided  by  Llberty  street, 
the  ordinances  to  which  this  is  a  supplement;  and  it  shall  not 

be  lawful,  after  the  passing  of  this  ordinance,  for  any  butcher, 
victualler,  or  other  person,  to  vend  any  article  of  meat,  poul¬ 
try,  vegetables,  or  other  products  usually  sold  in  market,  at  penalty  for 
any  other  place  than  the  said  market  house  in  Liberty  street,  selling  at  any 
on  the  days  above  specified — under  a  penalty  of  five  dollars  other  time  or 
for  every  such  offence,  recoverable  on  conviction,  before  the  Place- 
mayor  or  any  alderman  of  the  city. 

II.  That  the  market  limits  in  Liberty  street  shall  be  ex:-  bert*mstS°mar 
tended  to  include  so  much  of  said  street  as  is  bounded  on  j: y  s  *  mar" 

*  each  side  by  the  lines  thereof,  and  by  the  east  line  of  Pitt 
street,  extended ;  and  it  shall  and  maybe  lawful  for  those 
bringing  produce  to  market  in  wagons,  carts,  sleds,  &c.  to 
arrange  them  in  such  manner  along  the  curb  stones  on  each  0^aUs^&wa- 
side,  within  the  limits  aforesaid,  as  will  least  obstruct  the  gons 
passage  of  said  street — and  therefrom  expose  for  sale  and 
vend  the  products  of  their  farms,  in  the  same  manner,  and 
under  the  same  regulations  as  are  enjoined  upon  those  selling 
from  their  wagons,  carts,  sleds,  &c.  in  the  Diamond.3 

III.  That  so  soon  as  any  of  the  leases  for  stalls  in  the  mar-  Rent  of  stalls 
ket  house  in  the  Diamond  shall  have  expired,  it  shall  be  the  the^Diamond 
duty  of  the  clerk  of  the  markets  to  rent  such  stalls  for  the  re-  market  house, 
maining  part  of  this  present  year,  ending  the  thirty-first  of 
December  next,  at  the  rate  of  not  less  than  thirty  dollars  per 

annum  for  any  stall;  and  for  the  stalls  now  let  at  eighteen 
dollars  in  said  market  house,  the  rent  shall  be  increased  at 
the  rate  of  thirty-five  dollars  per  annum;  and  for  the  stalls 
in  said  market  house  now  let  at  twenty-two  dollars,  the  rent 

immediately  after  the  passage  thereof,  (to  wit,  28th  May,  1833,)  and  which  contin¬ 
ued  to  hold  its  regular  sessions,  from  time  to  time,  until  all  apprehensions  arising 
from  the  introduction  of  the  Asiatic  cholera  had  ceased,  (to  wit,  27th  Sept.  1833.) 
For  the  amount  of  expenditures  under  this  ordinance,  see  cily  accounts  of  1833, 
and  the  minutes  of  the  common  council,  p.  206.  Total  amount  expended,  $3616  94. 

3  The  market  house  in  Liberty  street  was  erected  by  subscription,  in  pursuance 
of  the  provisions  of  the  ordinance  of  the  17th  of  Dec.  1832,  see  chap.  165,  ante, 
pages  589-91,  and  was  continued  until  the  passage  of  the  ordinance  of  the  1st  May, 
1835,  see  chap.  199,  post.  The  market  house  having  been  removed,  under  the  di¬ 
rections  of  that  ordinance,  the  two  first  sections  of  the  ordinance  in  the  text  are 
obsolete . 


662 


MARKETS  AND  MARKET  HOUSES. 


Unexpired  shall  be  increased  to  the  rate  of  forty  dollars  per  annum,  for 
time,  &c.  the  unexpired  part  of  the  year  as  aforesaid. 

IV.  That  thirty,  thirty-five,  and  forty  dollars  each,  as  afore¬ 
said,  shall  be  the  minimum  rates  per  annum,  at  which  said  stalls 

Duty  of  the  hereafter,  and  not  less;  and  in  order  to  prevent  any 

clerk  of  the  unfair  preferences  amongst  applicants  for  the  stalls,  it  shall 
market  as  to  be  the  duty  of  the  clerk  of  the  markets  to  advertise  in  four 
rentingstalls.  or  more  newspapers  of  the  city,  at  least  three  weeks  be¬ 
fore  the  first  of  January  next,  and  so  in  December  of  every 
year  thereafter,  giving  at  least  ten  days  notice,  that  he  will 
on  a  day  certain  before  the  said  first  of  January,  offer  for 
rent  to  the  highest  bidder — being  not  less  than  the  minimum 
Mlnhnumrato  prices  fixed  by  the  third  section  of  this  ordinance — the  stalls 
observed°  °  *n  sa^  market  house  for  one  year  from  the  said  first  of  Janu¬ 
ary;  and  if  any  of  the  stalls  shall,  from  any  cause,  not  be 
rented  on  the  days  appointed  for  the  renting  thereof,  the  clerk 
of  the  market  shall  rent  the  same  at  any  time  thereafter,  at  a 
rate  per  annum  not  less  than  the  minimum  price  before  men¬ 
tioned. 

V.  That  it  shall  not  be  lawful  for  any  person  or  persons 
Regulations  to  occupy  or  obstruct  any  part  of  the  footways  in  front  of  the 

as  to  the  foot-  COurt  house  and  offices  in  the  Diamond  with  tables,  benches, 
of^the1  court  barrels,  bags?  baskets,  furniture,  vessels,  or  packages,  or  with 
house  and  pub-  vegetables  or  other  marketing  whatever,  either  on  market 
iic  offices.  days  or  at  any  other  time,  under  a  penalty  of  two  dollars  for 
every  offence;  and  it  is  hereby  especially  enjoined  upon  the 
constables  attending  upon  the  markets,  to  cause  all  such  ob¬ 
structions  to  be  forthwith  removed,  and  to  compel  the  due 
observance  of  this  ordinance. 

Renealinff  VI.  ^hat  any  ordinance,  or  such  part  thereof,  as  is  incon- 
clause  5  sistent  with  the  provisions  herein  contained,  is  hereby  repeal¬ 
ed.4 

Passed  27th  May,  1833;  and  recorded  4th  June,  1833,  in  Book  A. 
pages  189 — 90. 


CHAPTER  CLXXVL 

An  Ordinance  concerning  the  deposit  of  offensive  matter,  &c. 

I.  That  it  shall  be  the  duty  of  the  street  commissioner 
forthwith  to  procure  a  float,  properly  constructed  and  of  suffi- 

4  The  three  last  sections  of  the  ordinance  in  the  text  are  supplementary  to  the 
general  ordinance  regulating  markets,  passed  7th  September,  1816,  and  the  several 
supplements  thereto.  See  chap.  8,  ante,  pages  80 — 87,  and  the  notes  appended 
thereto,  referring  to  the  various  ordinances  regulating  the  market  houses,  and  pre¬ 
scribing  the  duties  of  the  clerk  of  the  markets,  weigh  master,  and  city  constables 
respecting  the  same.  With  respect  to  stall  rents,  particularly  before  the  passage 
of  this  ordinance,  see  chap.  86,  ante,  pages  172 — 3,  and  the  references  therein.  A 


ELECTIONS. 


663 


cient  length  and  breadth  to  admit  a  cart  and  horse,  with  Duty  of  the 
room  to  turn  thereon,  which  shall  be  moored  with  a  chain  street  commis- 
cable  to  the  shore,  at  the  junction  of  the  Monongahela  and  S10nei>  c* 
Allegheny  rivers,  in  such  a  manner  that  carts  may  drive  there¬ 
on  and  empty  their  contents  into  deep  water. 

II.  That  so  soon  as  the  street  commissioner  has  prepared 
the  above  mentioned  float,  that  he  shall  give  due  notice  there¬ 
of,  by  one  publication  in  each  of  the  papers  of  the  city,  and  Public  notice 
after  notice  is  given  as  aforesaid,  the  float  so  prepared  shall  to  be  given, 
be  the  only  place  of  deposit  for  filth,  which  shall  be  tilted  by 

the  person  conveying  the  same  clear  of  the  float;  and  for  eve- 
ry  violation  of  this  ordinance,  the  person  so  offending  shall  breachon con- 
forfeit  and  pay  the  sum  of  ten  dollars  on  conviction  thereof,  viction. 
before  the  mayor  or  any  alderman  of  the  city. 

III.  That  so  much  of  any  ordinance  as  is  supplied  by  this,  Repealing 

be  and  the  same  is  hereby  repealed.5  clause. 

Passed  27th  May,  1833;  and  recorded,  3d  June,  1833,  in  Book  A. 
pages  188 — 89. 


CHAPTER  CLXXVII. 

An  Ordinance  fixing  the  places  of  holding  all  city  and  general 
elections. 

Whereas,  by  an  act  of  the  general  assembly  of  this  com¬ 
monwealth,  passed  2d  April,  1833,  it  is  made  the  duty  of  the 
select  and  common  councils  of  the  city  of  Pittsburgh,  within 
three  months  after  the  passage  of  said  act,  to  fix  the  places  Preamble* 
of  holding  all  general  and  city  elections  at  such  houses  with¬ 
in  the  bounds  of  the  respective  wards,  and  not  elsewhere,  as 
said  councils  may  designate — Therefore, 

I.  Be  it  ordained  and  enacted ,  S$c.  That  from  and  after 
the  passage  of  this  ordinance,  the  qualified  electors  of  the 
city  of  Pittsburgh  shall  vote  at  all  general  and  city  elections, 
within  the  bounds  of  their  respective  wards,  as  follows : 

further  supplementary  act  was,  however,  passed  on  the  16tb  of  May,  1835,  respect¬ 
ing  the  limits  of  the  market,  for  the  sale  of  horses,  carriages,  cattle,  &c.  see  chap. 
200,  post. 

5  Previous  to  the  passage  of  the  act  in  the  text,  there  was.no  place  of  deposit 
for  filth  and  garbage  designated — but  under  the  general  regulation  respecting  nui¬ 
sances,  the  street  commissioners  were  invested  with  full  powers,  &c.  See  the 
“  ordinance  for  the  suppression  of  nuisances  and  introduction  of  wholesome  regula¬ 
tions  in  the  city,”  passed  7th  Sept.  1816,  chap.  16,  ante ,  page  99,  &c.  The  ordi¬ 
nances  for  sanitary  purposes,  chap.  161,  ante,  p.  585,  and  chap.  174,  ante,  p.  659, 
were  for  temporary  purposes,  and  expired  by  their  own  limitations:  and  the  provi¬ 
sions  of  this  ordinance  are  partially  repealed  and  supplied  by  the  “  ordinance  regu¬ 
lating  the  cleansing  of  vaults,  privies  and  necessary  houses,  and  for  the  suppression 
of  all  nuisances  arising  from  the  same  within  the  city  of  Pittsburgh,”  passed  29th  of 
September,  1834.  See  chap.  187,  post. 


664 


CITY  LOAN. 


North  ward.  The  electors  of  the  north  ward  at  the  house  now  occupied 
by  Thos.  Wynne,  at  the  corner  of  Liberty  and  St.  Clair  streets. 
The  electors  of  the  south  ward  at  the  house  now  occupied 
South  ward,  bv  Wm.  Alexander,  at  the  “  Masonic  Hall,”  corner  of  Smith- 
field  and  Third  streets. 

F  t  i  The  electors  of  the  east  ward  at  the  house  now  occupied 
as  ar  *  by  John  Dully,  corner  of  Wood  and  Fifth  streets. 

West  ward.  The  Actors  of  the  west  ward,  at  the  court  house,  in  the 
Diamond. 

Repealing  II.  That  so  much  of  any  ordinance,  heretofore  passed,  as 
clause.  is  hereby  altered  or  supplied,  be,  and  the  same  is  hereby  re¬ 

pealed.6 

Passed  3d  July,  1833;  and  recorded  30th  July,  1833,  in  Book  A. 
page  190. 


CHAPTER  CLXXVIII. 


An  Ordinance  authorizing  the  mayor  to  borrow  the  sum  of  six  thou¬ 
sand  dollars,  for  sanitary  purposes. 

$6000  to  be  I.  That  the  mayor  of  the  city  be,  and  he  is  hereby  author- 
borrowed  for  jzed,  to  borrow  on  loan,  any  sum  or  sums  of  money,  not  ex- 
samtary  Pur"  ceeding  six  thousand  dollars,  and  to  issue  therefor,  certifi- 
P  Certificates  cates  under  the  seal  of  the  corporation,  of  one  hundred  dollars 
of  $100  to  be  each,  or  more,  at  the  election  of  the  lender,  bearing  an  inter- 
issued.  est  of  not  more  than  six  per  cent,  per  annum,  which  interest 

shall  be  made  payable,  half  yearly,  at  the  bank  of  Pittsburgh, 

Certificates  and  the  certificates  so  issued,  shall  be  severally  transferable 
transferable,  by  the  subscribers,  or  their  legal  attorneys,  executors,  ad¬ 
ministrators,  or  assignees,  by  endorsement  thereon,  at  the  of¬ 
fice,  and  in  the  presence  of  the  treasurer  of  the  city;  and 
shall  not  be  paid  or  reduced  by  the  city,  except  with  the  con¬ 
sent  of  the  holders  thereof,  before  the  expiration  of  one  year 
from  the  date  of  the  loan. 

Corporatepro-  That  t^ie  credit,  funds,  revenue,  and  corporate 

perty  pledged  property  of  the  city,  be  and  they  are  hereby  pledged  for  the 

6  This  ordinance  was  passed  in  pursuance  of  the  provisions  of  the  act  of  assem¬ 
bly  entitled,  “An  act  to  continue  in  force  the  several  acts  relative  to  the  district 
court  of  the  counties  of  Lancaster  and  York,  and  for  other  purposes,”  passed  on  the 
9th  April,  1833.  See  pamphlet  laws  of  Pennsylvania,  sess.  1832 — 33,  p.  215 — 18. 
See  also,  ante,  609 — 11.  But  the  provisions  of  that  act  of  assembly  are,  in  a  great 
measure,  altered  and  supplied  by  a  subsequent  act,  passed  on  the  26th  of  December, 
1833,  entitled  “A  supplement  to  an  act  incorporating  the  city  of  Pittsburgh,  passed 
18th  of  March,  1816.”  See  pamphlet  laws  of  Pennsylvania,  sess.  of  1833 — 34,  p. 
4  and  5 — in  pursuance  of  which  several  ordinances  have  been  since  passed.  See 
chap.  181,  passed  7th  Jan.  1834 — chap.  210,  passed  31st  of  August,  1835,  and  chap. 
211,  passed  15th  of  January,  1836,  jwst. 


CITY  LOAN. 


665 

sums  hereby -authorized  to  be  borrowed  as  aforesaid,  and  for  for  re-payment 
the  interest  of  the  same.7 8 *  of  loan. 

Passed  5th  August,  1833;  and  recorded  14th  August,  1833,  in  Book 
A.  page  191. 


CHAPTER  CLXXIX. 


An  Ordinance  authorizing  the  mayor  to  borrow  a  further  sum  of 
fifteen  thousand  dollars,  for  the  use  of  the  city. 

I.  That  the  mayor  be  and  he  is  hereby  authorized  and  em-  Mayorautho- 

powered  to  borrow  the  sum  of  fifteen  thousand  dollars,  and  to  rized  to  bor- 
issue  therefor  certificates  under  the  seal  of  the  corporation,  ^ e'rtUlcat e s  of 
of  one  hundred  dollars  each,  or  more,  at  the  election  of  the^jpo  eack  to 
lender,  bearing  an  interest  of  not  more  than  five  percent,  per  be  issued, 
annum;  which  interest  shall  be  payable  half  yearly  at  the  Interest 5 p.ct. 
bank  of  Pittsburgh,  except  so  much  as  may  be  borrowed  0r  year- 

held  by  transfer  in  Philadelphia;  the  interest  of  which  shall  pp^urghi  & 
be  paid  semi-annually  at  the  Schuylkill  Bank  in  the  city  of  Schuylkill  bk. 
Philadelphia,  and  the  certificates  so  issued  shall  be  signed 

by  the  mayor,  and  countersigned  by  the  treasurer;  and  shall 
be  severally  transferable  by  the  subscribers  or  their  legal  re-  Stock  trans- 
pressntatives  at  the  office  and  in  the  presence  of  the  treasu-  Arabic, 
rer  of  the  city,  and  shall  not,  be  redeemable  by  the  city,  with-  Not  to  be  re- 
out  the  consent  of  the  holders  thereof,  before  the  first  day  of  deemed  until 
July,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  1847’ 
forty -seven. 

II.  That  the  faith,  credit,  funds,  revenue  and  corporate  Property  of 

property  of  the  city  be,  and  they  are  hereby  solemnly  pledged  corporation 
for  the  amount  hereby  authorized  to  be  borrowed  as  aforesaid,  fudged  for  re¬ 
ft  nd  for  the  payment  of  the  interest  of  the  same.8  y 

Passed  27th  November,  1833;  and  recorded  5th  December,  1833,  in 
Book  A.  pages  191 — 92. 


CHAPTER  CLXXX. 

An  Ordinance  repealing  the  third  section  of  an  ordinance  passed  on 
the  31st  day  of  Dec.  1832,  entitled  an  “ordinance  providing  for  the 
cleansing  the  streets  of  the  city  of  Pittsburgh.” 

I.  -That  the  third  section  of  an  ordinance,  entitled  “An  or- 


7  See  statement  of  the  various  loans  made  by  the  city,  in  the  appendix,  and  the 
account  and  statement  of  expenditures  for  sanitary  purposes  attached  thereto;  as 
also  the  statement,  post ,  in  the  appendix,  entitled  “  Public  Loans  and  City  Debt,” 
and  the  notes  and  references  appended  to  chaps.  190  and  191,  post. 

8  See  statement,  post,  in  appendix,  entitled  11  Public  Loans  and  City  Debt.”  And 

by  a  subsequent  ordinance,  passed  29th  November,  1834,  see  chap.  190,  post,  the 


666 


WARDS  AND  CITY  ELECTIONS. 


3d  sect.  ord.  dinance  providing  for  the  cleansing  the  streets  of  the  city  of 
31st  Dec.  1832  Pittsburgh,”  passed  the  31st  of  December,  1832,  requiring  the 
repealed.  appointment  of  an  additional  street  commissioner,  be  and 
the  same  is  hereby  repealed.9 

Passed  30th  December,  1833;  and  recorded  9th  January,  1834,  in 
Book  A.  page  192. 


CHAPTER  JCLXXXI. 

An  Ordinance  to  divide  the  city  into  wards  or  districts,  and  for  other 
purposes. 

Whereas,  by  an  act  of  the  general  assembly  of  this  com¬ 
monwealth,  passed  the  26th  day  of  December,  1833,  the  se¬ 
lect  and  common  councils  of  the  city  of  Pittsburgh  are  re- 
Preamble  T^rec^  to  meet  on  th 8  first  Tuesday  of  January,  and  divide 
said  city  into  four  wards  or  districts,  and  to  fix  the  places  for 
holding  all  general  and  city  elections  for  the  said  wards  at 
such  houses  within  the  bounds  of  the  respective  wards,  and 
not  elsewhere : 1 0 

I.  Be  it  ordained  and  enacted ,  <fyc.  That  from  and  after 
City  divided  the  passage  of  this  ordinance,  the  city  of  Pittsburgh  shall  be 
into  4  wards,  divided  into  four  wards,  in  the  manner  following,  viz.  So 
much  of  the  said  city  as  lies  northwardly  of  the  middle  of 

authority  of  the  mayor  to  borrow  more  than  the  sum  of  $6000  under  the  provisions 
of  this  ordinance  was  revoked  and  repealed — that  sum,  to  wit,  $6000  only,  being 
taken  by  subscribers,  according  to  the  proposals  issued  by  the  mayor.  See  also 
the  notes  and  references  appended  to  chap.  191,  post. 

9  Seethe  “ordinance  providing  for  the  cleansing  of  the  streets  of  the  city  of 
Pittsburgh,”  passed  31st  of  December,  1832,  chap.  168,  ante,  p.  594 — 5.  It  would 
appear,  from  an  examination  of  the  provisions  of  the  two  ordinances,  that  the  1st 
sect,  of  chap.  168  is  virtually  repealed,  by  the  actual  repeal  of  the  3d  sect. — the  di¬ 
vision  of  the  city  into  two  wards,  East  and  West ,  being  merely  for  the  purpose  of 
dividing  the  labours  of  the  two  street  commissioners  on  the  subject  of  cleansing  the 
streets,  &c.  For  a  reference  to  the  several  ordinances  of  the  city  regulating  the 
duties  of  street  commissioner,  see  the  notes  appended  to  chap.  168,  ante,  p.  595. 
But  a  material  change  has  been  made  in  the  duties  of  the  street  commissioner,  by  a 
joint  resolution  of  the  councils,  adopted  on  the  3d  of  March,  1835,  which  virtually 
repeals  the  2d  sect,  of  chap.  168,  so  that  the  whole  of  that  ordinance  may  be  consi¬ 
dered  as  repealed  and  supplied.  The  joint  resolution  of  the  councils  is  as  follows: 
“  Whereas,  the  duties  of  the  street  commissioner  are  so  onerous,  that  he  is  unable  to 
superintend  the  paving  and  grading  of  streets  and  wharves,  with  that  attention  ne¬ 
cessarily  required  for  the  faithful  performance  of  contracts:  And  whereas,  the  inter¬ 
ests  of  the  citizens  suffer  thereby — Therefore,  Be  it  resolved,  fyc.  That  the  commit¬ 
tees  on  streets,  grading,  and  paving,  and  on  wharves  and  landings,  be  authorized 
to  employ,  jointly,  a  competent  person,  whose  duty  it  shall  be  to  superintend  all 
paving  and  grading,  that  may  be  required  to  be  done,  on  all  streets,  wharves  and 
landings,  and  to  allow  the  person  so  employed,  such  compensation  as  they  may 
deem  just.”  Minutes  of  com.  council,  March  3d,  1836,  page  23. 

i  o  For  this  act  of  assembly,  see  pamphlet  laws  of  Pennsylvania,  sess.  of  1833 — 
34,  p.  4  and  5,  and  also  post,  attached  to  this  ordinance,  and  notes  to  chap.  177, 
ante,  p.  663. 


WARDS  AND  CITY  ELECTIONS. 


667 


Liberty  street,  and  eastwardly  of  the  middle  of  Marbury  street,  Boundaries 
shall  be  one  ward,  to  be  called  the  North  ward.  So  much  of  of  North  ward, 
the  said  city  as  is  included  in  the  following  boundaries,  viz. 

Beginning  at  the  middle  of  Liberty  and  Marbury  streets,  and 
running  thence  down  Marbury  street  to  the  Allegheny  river, 
thence  along  the  Allegheny  river  to  its  confluence  with  the 
Monongahela  river,  thence  up  the  Monongahela  to  the  mid-  Boundaries 
die  of  Wood  street,  thence  up  the  middle  of  Wood  street  to  of  West  ward. 
Diamond  alley,  thence  up  the  middle  of  Diamond  alley  to 
Market  street,  thence  up  the  middle  of  Market  street  to  the 
middle  of  Liberty  street,  and  thence  down  the  middle  of  Li¬ 
berty  street  to  the  place  of  beginning,  shall  , be  one  ward,  to 
be  called  the  West  ward.  And  so  much  of  said  city  as  is  in¬ 
cluded  in  the  following  boundaries,  viz.  Beginning  at  the 
foot  of  Wood  street,  on  the  Monongahela  river,  thence  up  the 
middle  of  Wood  street  to  the  middle  of  Diamond  alley,  thence  Boundaries 
along  the  middle  of  Diamond  alley  to  the  middle  of  Smith-  0f  South  ward, 
field  street,  thence  down  Smithfield  street  to  the  mid¬ 
dle  of  Fourth  street,  thence  along  the  middle  of  Fourth 
street,  and  up  the  Farmers  and  Mechanics’  Turnpike  Road 
to  the  city  line,  and  thence  by  the  same  to  the  Monongahela 
river,  thence  down  the  same  to  the  place  of  beginning,  shall 
be  one  ward,  to  be  called  the  South  ward.  And  so  much  of 
said  city  as  lies  east  of  the  middle  of  Liberty  street,  Diamond  Boundaries 

alley,  and  the  boundaries  of  the  South  ward,  above  named,  °f  East  ward, 
shall  be  one  ward,  to  be  called  the  East  ward.1 1 

II.  That  from  and  after  the  passage  of  this  ordinance,  the 
places  for  holding  all  general  and  city  elections  for  the  res¬ 
pective  wards  or  districts,  as  described  by  the  first  section  of 
this  ordinance  shall  be  as  follows: — For  the  West  ward  at  the  Places  for 

court  house,  in  the  Diamond— For  the  South  ward,  at  the  holding  the  ci- 
house  now  occupied  by  William  Alexander,  at  the  corner  of  ^  aad  ge.ne!j^l 
Smithfield  and  Third  streets — For  the  East  ward,  at  the  house  severafwards6 
now  occupied  by  John  Dully,  at  the  corner  of  Wood  and  Fifth 
streets — and  for  the  North  ward,  at  the  house  now  occupied 
by  Thomas  Wynne,  at  the  corner  of  Liberty  and  St.  Clair 
streets.12 


1 1  For  the  boundaries  of  the  several  wards  of  the  city,  previous  to  the  passage  of 
this  ordinance,  and  a  general  reference  to  all  previous  ordinances  and  acts  of  as¬ 
sembly  on  the  subject,  see  the  notes  to  the  act  of  the  9th  of  April,  1833,  ante ,  p. 
610 — 11.  But  by  “an  ordinance  to  divide  the  city  into  wards  or  districts,  and  for 
other  purposes,”  passed  on  the  5th  of  January,  1836,  a  new  arrangement  of  the 
boundaries  of  the  several  wards  is  made,  by  which  the  foregoing  is  virtually  repeal¬ 
ed.  See  chap.  211,  post. 

12  By  an  ordinance  “  for  changing  the  place  for  holding  the  general  and  city 
elections,  for  the  North  ward ,”  passed  31st  of  August,  1835,  the  place  of  holding  the 
elections  for  the  said  ward,  was  altered  from  “  the  house  of  Thomas  Wynne,  at  the 
corner  of  Liberty  and  St.  Clair  streets,”  to  “  the  house  of  James  Armstrong,  cor¬ 
ner  of  Penn  and  St.Clair  streets.”  See  chap.  210,  post.  The  second  section  of 
the  ordinance  of  the  5th  January,  1836,  before  referred  to,  fixes  the  places  of  hold- 


668 


CITY  ELECTIONS. 


III.  That  when  each  election  to  be  had  and  held,  in  pur¬ 
suance  of  the  aforesaid  recited  act  of  assembly,  for  mayor, 
shall  be  closed  and  the  number  of  votes  for  each  candidate 
How  returns  0r  person  voted  for  shall  be  counted  and  ascertained,  the  per- 
ouVand'cenf  SOns  autborized  hold  and  conduct  such  elections,  or  a  ma- 
jority  of  them  shall,  within  twenty  four  hours  thereafter,  meet 
at  the  court  house  in  the  Diamond,  arid  shall  then  and  there 
prepare  and  make  under  their  hands  and  seals  the  return 
thereof,  containing  the  names  of  each  candidate  or  person  vo¬ 
ted  for,  for  mayor,  with  the  number  of  votes  for  each,  and  shall 
appoint  one  of  their  number  whose  duty  it  shall  be  to  deliver 
a  true  copy  of  said  return  to  the  president  of  the  select  coun- 
Copy  to  be  cil  previous  to  the  first  meeting  of  the  select  and  common 
deny  r  a  to  tne  councjis  [n  joint  assembly  to  choose  city  officers,  and  shall 
tectco^ncil^  the  original  returns  in  the  office  of  the  clerk  of  the  city 
returns  to  be  fi- court,  and  the  select  and  common  councils  shall  in  their  joint 
led  in  office  of  meeting  proceed  to  examine  such  election  returns,  and  to 
elk.  of  mayor’s  hear  a]|  remonstrances  and  objections  to  the  same,  and  deter- 
court.  mine  thereon,  and  to  declare  the  person  qualified,  having  the 

greatest  number  of  votes,  to  be  legally  elected,  and  in  cases 
where  the  election  has  been  illegally  and  unfairly  conducted, 
Councils  to  or  the  number  of  illegal  votes  given  may  render  the  result 
iectfon^&c  e" doubtful,  the  councils  shall  have  power  to  set  the  same  aside 
ec  ion,  c.  or(jer  a  new  eiectioD,  giving  notice  thereof,  as  in  the  case 

of  other  special  elections.13 

Repealing  IV.  That  so  much  of  any  ordinance  as  is  hereby  altered 
clause.  and  supplied,  be  and  the  same  is  hereby  repealed. 

Passed  7th  January,  1834;  and  recorded  13th  January,  1834,  in 
Book  A.  pages  192 — 93. 


CHAPTER  CL XXXII. 


An  Ordinance  supplementary  to  an  ordinance,  entitled" an  ordi¬ 
nance  for  the  organization  of  the  city  of  Pittsburgh.” 

I.  That  the  select  and  common  councils  of  the  said  city, 
shall  meet  on  the  third  Tuesday  of  January,  1834,  and  year¬ 
ly  thereafter,  and  elect  by  their  viva  voce  joint  vote,  thes  eve- 
ral  city  officers,  created  by  existing  ordinances,  and  that  so 
much  of  any  ordinance  requiring  such  election  to  be  held,  at 


ing  the  general  and  city  elections  in  all  the  wards,  viz.  North  ward,  at  the  Wash¬ 
ington  coffee  house;  South  ward ,  at  William  Alexander’s;  East  ward,  at  John  Dul- 
ly’s;  West  ward,  at  the  court  house. 

1 3  The  3d  sect,  of  this  ordinance  is  the  only  one  now  in  force — the  rest  having 
been  virtually  repealed  by  the  ordinance  of  the  5th  of  January,  1836,  chap.  211, 
before  referred  to. 


ASSESSMENT. 


669 


any  other  time  than  the  said  third  Tuesday  of  January,  be 
and  the  same  is  hereby  repealed.14 

Passed  17th  January,  1834;  and  recorded  3d  February,  1834,  in  Book 
A.  pages  193 — 94. 


CHAPTER  CLXXXIII. 


Amt.  of  as¬ 
sessment,  &c. 
for  1834,  to  be 
$51,994,44. 


An  Ordinance  concerning  the  assessment  and  appropriation  of  the 
city  taxes  for  the  year  1834. 

I.  That  the  amount  of  moneys  to  be  collected  upon  the 
persons,  trades  and  property  of  the  city  of  Pittsburgh,  made 
taxable,  together  with  the  moneys  now  in  the  treasury,  as 
well  as  all  moneys  arising  from  rents,  fines,  forfeitures,  licen¬ 
ces,  &c.  &c.  shall  be,  and  the  same  is  hereby  appropriated 
in  the  following  manner,  viz : 

No.  1 — Salaries  of  city  officers,  to  wit : 

Mayor,  $500  00 

Treasurer,  500  00 

Wharf  Master,  400  00 

Street  Commissioner,  365  00 

Clerk  of  Market,  150  00 

High  Constable,  200  00  Appropriation 

City  Constables,  600  00  for  salaries. 

Clerks  of  Councils,  300  00 

Bell  Ringer,  .  80  00 

Messengers,  50  00 

Assessors,  60  00 

Recording  Regulator,  200  00 


Superintendent  of  Water  Works,  900  00 
Collector  of  Water  Rents,  600  00 


No.  2 — Cleaning  paved  cartways, 
West  ward, 

East  ward, 

No.  3 — Outstanding  warrants, 

Warrants  authorized  by  coun¬ 
cils,  including  balance  of  ap¬ 
propriations  1  and  2,  unpaid 


730  00 
994  00 

5,993  24 


-$4,905  00 


last  year, 


2,065  51 


1,724  00 


8,058  75 


Appropriation 
for  loans,  inte¬ 
rest,  fire  com¬ 
panies,  public 
works,  &c. 


1 4  By  the  9th  sect,  of  the  act  of  incorporation,  ante ,  p.  15,  it  is  provided  that  the 
mayor  shall  be  elected  annually  by  the  city  councils,  in  joint  meeting,  on  the  second 
Tuesday  of  January;  and  in  all  ordinances  passed,  providing  for  the  election  of 
other  city  officers,  such  as  treasurer,  &c.  the  same  day  was  fixed.  See  particularly 
chap.  ].  sect.  12,  ante,  p.  72.  The  mayor  now  being  elected  by  the  citizens,  this 
alteration  was  deemed  necessary  to  the  convenient  despatch  of  the  public  business. 


670 


CITY  LOAN. 


Amount  brought  over,  $14,687  75 

No.  4 — Loans  falling  due, 

March  4th,  $5,000  00 

August  8th  and  13th,  6,000  00 

-  11,000  0016 

No.  5 — Fire  Engines  and  Hose  Com¬ 
panies,  to  wit: 

Eagle  Engine  and  Hose  Co.  $200  00 

Allegheny  do.  do.  do.  150  00 

Neptune  do.  do.  do.  215  00 

Vigilant  do.  do.  do.  700  00 

1st  Pittsburgh  Hose  Co.  200  00 

Union  Hose  Co.  150  00 


Total  amount. 


1,615  00 

No.  6 — Wharves  and  Landings, 

500  00 

No.  7 — Repairing  streets, 

500  00 

No.  9 — Interest  of  city  loan,  $9,560  00 

do.  bal.  uncalled  for  1833, 

816  00 

10,376  00 

No.  10 — Redemption  and  interest  of 

city  bills, 

100  00 

No.  11 — Water  Works, 

7,000  00 

No.  12 — Contingent  fund, 

6,215  69 

$51,994  44 

Passed  24th  February,  1834;  and  recorded  24th  February,  1834,  in 
Book  A.  pages  194 — 95. 


CHAPTER  CLXXXIV. 

An  Ordinance  authorizing  the  mayor  to  borrow  the  sum  of  ten  thou¬ 
sand  dollars,  for  the  use  of  the  city. 

Mayor  to  bor-  I.  That  the  mayor  be,  and  he  is  hereby  authorized  and  em- 
row  $10,000.  powered  to  borrow  the  sum  of  ten  thousand  dollars,  and  to 
Certificates  of  issue  therefor,  certificates  under  the  seal  of  the  corporation, 
$100,  or  more,  0f  one  hundred  dollars  each,  or  more,  at  the  election  of  the 
to  be  issued.  jencier5  bearing  an  interest  of  not  more  than  six  per  cent,  per 
6pr.  ct.  to  be  annum?  which  interest  shall  be  paid  half  yearly,  at  the  Bank 
paid  at  Bank  of  Pittsburgh :  and  the  certificates  so  issued,  shall  be  signed 
of  Pittsburgh,  by  the  mayor,  and  countersigned  by  the  treasurer;  and  shall 
be  severally  transferable  by  the  subscribers,  or  their  legal  re¬ 
presentatives,  at  the  office  and  in  the  presence  of  the  treasurer 
Half  redeema-  of  the  city.  One  half,  say  five  thousand  dollars,  shall  not  be 
able  in  1837  &  redeemable  by  the- city,  without  the  consent  of  the  holders 
half  in  1838.  thereof,  before  the  first  day  of  July,  eighteen  hundred  and 

1  i  See  article  in  the  appendix,  entitled,  “City  Loans  and  Public  Debt.'1 


FIRES. 


671 


thirty  seven ;  the  other  half,  say  five  thousand  dollars,  on  the 

first  day  of  July,  eighteen  hundred  and  thirty  eight — and  the 

money  so  borrowed,  shall  be  paid  to  the  city  treasurer,  and  to  payment  of 

applied  by  him  exclusively  to  the  payment  or  redemption  of  former  loans. 

the  principal  of  a  city  loan,  falling  due  on  the  28th  day  of 

February  inst.  and  a  city  loan  falling  due  on  the  eighth  and 

thirteenth  days  of  August  next. 

II.  That  the  faith,  credit,  funds,  revenue,  and  corporate  Property  of 
property  of  the  city  be,  and  they  are  hereby  solemnly  pledg*  corporation 
ed,  for  the  amount  hereby  authorized  to  be  borrowed,  as  afore-  pay^gnt  °r  re" 
said,  and  for  the  payment  of  the  interest  of  the  same.16 

Passed  24th  February,  1834;  and  recorded  24th  February,  1834,  in 
Book  A.  page  195. 


CHAPTER  CLXXXV. 


A  supplement  to  an  “ordinance  making  certain  regulations  in  cases 
of  fire,  and  to  prevent  fires  from  breaking  out,”  passed  September 
21,  1816. 

I.  That  the  mayor  of  the  city  shall  annually  commission  Mayor  to  ap- 

and  appoint  such  persons  as  may  be  recommended  to  him  by  fire 

the  Firemen’s  Association  of  Pittsburgh,  not  exceeding  five  war  ens’ 
from  each  fire  company  composing  the  same,  who  shall  be 

citizens  of  this  commonwealth,  to  be  fire  wardens,  who  shall 

act  under  the  directions  of  the  chief  engineers  of  the  associa-  Their  duties. 

tion,  and  who  shall,  together  with  the  said  chief  engineers, 

have  full  power  and  authority  to  perform  all  the  duties  which 

are  by  the  said  ordinance  required  of  and  enjoined  upon  the  All  constables, 

city  constables  and  upon  all  and  every  officer  of  the  said  city,  &c.  to  assist 

to  aid  and  assist  the  several  fire  companies  in  exertions  on  fire  wardens. 

occasions  of  fire,  and  to  prevent  them  from  being  interrupted 

in  the  discharge  of  their  duties,  and  to  prosecute  all  offenders 

against  any  of  the  provisions  contained  therein. 

II.  That  the  mayor  shall  have  full  power  and  authority  to  M  r  ma 
remove  any  of  the  said  fire  wardens,  whenever  he  shall,  in  his  remove  at  his 
discretion,  deem  such  removal  necessary  for  the  public  good,  discretion, 
and  to  appoint  and  commission  a  successor,  and  also  to  fill  all 
vacancies  which  may  occur,  by  persons  to  be  recommended  as 

before  mentioned.17 

Passed  28th  April,  1834;  and  recorded  14th  May,  1834,  in  Book  A. 
page  196. 


1 6  See  article  in  the  appendix,  entitled, 11  City  Loans  and  Public  Debt."  See,  also, 
the  notes  and  references  appended  to  chap.  190  and  chap.  191,  pus*. 

17  This  ordinance  is  supplementary  to  chap.  18,  ante ,  p.  115 — 120,  and  in  addi¬ 
tion  to  the  provisions  therein  contained,  particularly  those  of  the  2d  sect.  p.  115. 


672 


GENERAL  LAFAYETTE. 


CHAPTER  CLXXXV1. 


In  Council ,  June  26,  1834. — special  meeting. 

Whereas,  the  select  and  common  councils  of  the  city  of 
Pittsburgh,  have  recently  been  informed  of  the  death  of  the  great 
and  good  LAFAYETTE,  the  gallant  defender  of  liberty  in  the 
old  and  the  new  world,  the  bosom  friend  of  Washington,  the 
adopted  American,  whose  services  in  the  cause  of  liberty,  du- 
ring  the  interesting  and  trying  struggle  of  our  revolution; 
ream  e.  wpose  ]ong  pfe  was  devoted  to  the  amelioration  of  his  country¬ 
men,  and  whose  constant  purity  of  character,  blended  with  ad¬ 
miration  and  attachment  for  our  institutions  and  laws — have 
united  to  hold  him  out  to  the  world,  as  one  of  the  best  and 
greatest  benefactors  of  the  human  family,  and  create  in  our 
minds  a  deep  and  sincere  regret  at  the  melancholy  dispensa¬ 
tion  of  Providence,  which  has  removed  him  from  this  sublu¬ 
nary  sphere,  to  a  better  and  more  enduring  glory  in  a  heaven¬ 
ly  one:  Therefore,  be  it 

Resolved ,  That  deeply  deploring  the  death  of  our  distin¬ 
guished  fellow  citizen,  General  Lafayette,  we  desire  to  co¬ 
operate  with  the  great  body  of  the  American  people,  in  man¬ 
ifesting  our  feelings  in  a  manner  worthy  of  the  memory  of 
one  of  the  purest  and  most  unsullied  public  characters  that 
ever  passed  through  the  ordeal  of  public  opinion. 

Resolved ,  That  the  presidents  of  the  select  and  common 
Duty  of  the  colmcps  |3e  requested  to  address  a  letter  of  condolence  to  the 
the  Councils  of  the  late  General  Lafayette,  expressing  the  deep  sor¬ 

row  which  pervades  our  whole  community,  in  consequence  of 
the  death  of  the  last  Major  General  of  our  revolution. 
Members  to  Resolved ,  That,  as  a  mark  of  respect  for  his  memory,  the 

wear  crape  for  members  of  the  select  and  common  councils  wear  the  usual 
60  days.  badge  of  mourning  for  sixty  days. 

Resolved ,  That  these  resolutions  be  published  in  the  seve¬ 
ral  papers  published  in  this  city. 1 8 


CHAPTER  CLXXXVII. 

An  Ordinance  regulating  the  cleansing  of  vaults,  privies,  and  neces¬ 
sary  houses;  and  for  the  suppression  of  all  nuisances  arising  from 
the  same,  within  the  city  of  Pittsburgh. 

Whereas,  experience  has  shown,  that  the  existing  regula¬ 
tions  with  regard  to  the  emptying  and  cleansing  of  privies  and 

i  8  These  resolutions  were  unanimously  adopted  in  councils,  on  the  26th  June, 
1834,  and  published  in  the  newspapers  on  the  4th  of  July,  1834;  but  being  merely 
declaratory,  and  without  any  appropriation  of  money,  were  not  recorded. 


NUISANCES. 


673 


necessary  houses,  are  entirely  inadequate  to  protect  the  in¬ 
habitants  against  the  evil  consequences  arising  from  such  Preamble, 
emptying  and  cleansing  being  performed  during  the  heat  of 
the  weather,  when  the  exhalations  of  hydrogen  and  other  poi¬ 
sonous  gases  infect  the  atmosphere,  rendering  it  impure  and 
unwholesome,  and  of  consequence  affecting  the  general  health 
and  comfort  of  the  inhabitants:  Therefore, 

I.  Be  it  ordained  and  enacted ,  fyc.  That  from  and  after 
the  passing  this  ordinance,  it  shall  not  be  lawful  for  any  per¬ 
son  or  persons  to  empty  or  cleanse  any  privy  or  necessary  rpime  re  . 
house,  with  the  exception  of  such  privies  as  are  called  “port-  bedTor  empty- 
able  privies”  and  are  too  small  to  remain  unemptied,  within  ing  privies, 
the  city  of  Pittsburgh,  between  the  first  day  of  May  and  the  &c- 

first  day  of  November,  in  each  and  every  year  hereafter,  with¬ 
out  a  special  permit,  in  writing,  from  the  mayor  or  street  com¬ 
missioner,  for  the  time  being,  for  so  doing,  in  such  cases  as 
are  hereinafter  provided  for,  in  the  third  section  of  this  ordi¬ 
nance. 

II.  That  if  any  person  or  persons  shall  proceed  to  empty 
or  cleanse  any  privy  or  necessary  house,  with  the  exception  of 
such  privies  as  are  called  “  portable  privies”  and  are  too  small 
to  remain  unemptied,  within  the  city  of  Pittsburgh,  between 
the  said  first  days  of  May  and  November,  in  any  year  hereaf¬ 
ter,  by  hauling,  carrying,  or  in  any  manner  conveying  the  con¬ 
tents  thereof,  either  by  day  or  by  night,  along  any  of  the 
streets,  lanes,  or  alleys  of  the  said  city,  or  by  depositing  the 
same  upon  any  lot,  public  or  private,  or  upon  the  shore  or 

beach  of  either  of  the  rivers,  within  the  said  city,  every  such  Penalty  of  not 
person  so  offending,  shall  forfeit  and  pay  for  such  offence, less  than  $5, 
a  fine  of  not  less  than  five  nor  more  than  twenty  dollars,  to  be  <$20  "for^iofa^ 
recovered  before  the  mayor,  or  any  of  the  aldermen  of  the  tior/of  this  or- 
said  city,  or  in  the  mayor’s  court  of  said  city,  for  the  use  of  dinance. 
the  said  city,  in  such  manner  and  form  as  similar  fines  and 
penalties  are  by  law  recoverable: — and  it  is  hereby  declared 
to  be  the  especial  duty  of  the  city  solicitor,  upon  the  infor¬ 
mation  of  the  mayor  or  any  of  the  aldermen,  to  proceed  and 
recover  such  fine  or  penalty,  without  delay,  according  to  law. 

III.  That  if  at  any  time  hereafter,  between  the  said  first 
days  of  May  and  November,  any  privy  or  necessary  house 
shall  be  declared  to  be  a  public  nuisance,  by  the  proper  au¬ 
thority,  according  to  the  provisions  of  the  existing  city  ordi¬ 
nances  relating  thereto,  and  it  be  deemed  necessary  by  the 
mayor  or  street  commissioner,  after  legal  investigation,  that 
the  said  nuisance  be  forthwith  abated,  it  shall  be  lawful  for 
the  mayor  or  street  commissioner  for  the  time  being,  and  they 
are  hereby  authorized  and  required,  to  grant  to  the  owner  or 

occupier  of  such  privy  or  necessary  house,  a  permit  in  writing  ^  ^ 

to  empty  and  cleanse  the  same,  between  the  hours  of  11  mayor  and  st. 
o’clock,  P.  M.  and  3  o’clock,  A.  M,  of  any  day  or  time  be-  commissioner 
106 


674 


LOCKS  FOR  WAGONS. 


as  to  the  abate-  tween  the  said  first  days  of  May  and  November;  the  contents 
ment  of  nui-  0f  such  privy  or  necessary  house  to  be  deposited  at  such  place 
sances.  Gr  pjaces  as  may  be  directed  by  the  street  commissioner,  and 

in  no  other,  so  as  not  to  obstruct  the  free  use  and  occupan¬ 
cy  of  any  public  or  private  property,  and  not  to  annoy,  injure 
or  incommode  any  of  the  inhabitants  of  the  said  city,  under 
Penalty.  the  penalty  of  not  less  than  five  nor  more  than  twenty  dollars, 
to  be  recovered  from  the  person  or  persons  offending,  in  the 
the  same  manner  and  form  as  is  directed  in  the  preceding  sec¬ 
tion  of  this  ordinance:  Provided  however ,  That  nothing 
herein  contained  shall  be  so  construed  to  excuse  or  exone- 


Proviso  as  to  vate  ^he  owner  or  occupier  of  such  privy  or  necessary  house, 
isthicr  onlinan- ^rom  the  payment  of  any  fine  or  penalty  imposed  on  persons 
ces>°  suffering  their  privies  or  necessary  houses  to  become  public 

nuisances,  contrary  to  the  provisions  of  the  existing  city  ordi¬ 
nances  in  such  case  made  and  provided. 

IV.  That  so  much  of  the  ordinance,  entitled  u  an  ordinance 
clause^65  concern*ng  the  deposite  of  offensive  matter,”  &,c.  passed  on 
the  27th  of  May,  1833,  and  all  other  ordinances,  or  such 
parts  thereof,  as  are  inconsistent  with  the  provisions  of  this  or¬ 
dinance,  be  and  the  same  are  hereby  repealed.19 


Passed  29th  September,  1834;  and  recorded  7th  October,  1834,  in 
Book  A.  pages  196 — 97. 


CHAPTER  CLXXXVIII. 

An  Ordinance  in  relation  to  the  footways  on  Seventh  street. 

Breadth  of  I.  That  the  footways  on  that  part  of  Seventh  street,  be- 
footways  lb  tween  the  canal  bridge  and  Coal  lane,  shall  be  of  the  breadth 
mited.  Gf  t en  feet  and  no  more,  as  measured  from  the  line  of  the 

street  towards  the  gutter  and  including  the  curb  stone. 
Repeal.  II.  That  any  ordinance,  or  so  much  thereof,  as  is  hereby 
altered,  be  and  the  same  is  hereby  repealed.20 

Passed  29th  September,  1834,  and  recorded  7th  October,  1834,  in 
Book  A.  page  198. 


CHAPTER  CLXXXIX. 

An  Ordinance  on  the  subject  of  locks  for  wagons  and  other  wheeled 
carriages,  in  the  city  of  Pittsburgh. 

I.  That  from  and  after  the  passage  of  this  ordinance,  no 

1  9  This  ordinance,  chap.  187,  entirely  repeals  the  ordinance,  chap.  176,  ante ,  p. 
662,  which  see,  and  the  notes  appended  thereto.  For  further  information  as  to  the 
creation  and  removal  of  such  nuisances  as  are  contemplated  by  this  ordinance,  see 
titles  in  the  general  index,  ante ,  “  Nuisances,” 44  Street  Commissioner,”  and  “Fines 
and  Penalties.” 

2  o  For  reference  to  the  several  existing  ordinances  respecting  footways,  &c.  see 
notes  and  references  appended  to  chap.  127,  ante,  p.  526. 


CITY  LOAN. 


67  5 


wagon,  or  other  wheeled  carriage,  shall  pass  over  any  of  the  Wagons  and 
paved  streets  of  the  said  city,  with  the  wheel  or  wheels  lock-  carriages  not 
ed  in  the  common  mode;  but  that  in  all  cases  where  locking {ock’d'wheels1 
may  be  necessary,  the  patent  break  lock  shall  be  used,  and 
no  other. 

II.  That  if  any  individual  shall  cause  to  pass  over  any  of 
the  paved  streets,  lanes  or  alleys,  of  the  said  city,  any  wagon 
or  other  wheeled  carriage,  the  wheel  or  wheels  of  which  Penalty  of  $10 
shall  be  locked  in  any  other  manner  than  that  specified  in  thel°r  every  of- 
first  section  of  this  ordinance,  he  or  she  shall,  for  every  such tence’ 
offence,  forfeit  and  pay  on  conviction  thereof,  before  the  may¬ 
or,  or  any  alderman  of  the  city,  the  sum  of  ten  dollars. 

Passed  29th  November,  1834;  and  recorded  8th  December,  1834,  in 
Book  A.  page  198. 


CHAPTER  CXC. 

An  Ordinance  to  repeal  the  authority  to  borrow  money  by  virtue 
of  an  ordinance,  passed  the  27th  day  of  Nov.  1833. 

Whereas,  by  an  ordinance  passed  the  27  th  day  of  Nov.  1833, 
the  mayor  is  authorized  to  borrow  the  sum  of  fifteen  thou-  Preamble, 
sand  dollars;  and  whereas  the  sum  of  six  thousand  dollars  has 
been  borrowed  under  the  authority  of  said  ordinance :  There¬ 
fore — 

I.  Be  it  ordained  and  enacted ,  $$c.  That  all  authority  to 
the  mayor,  by  virtue  of  an  ordinance  passed  the  27th  day  of.  Authority  to 
Nov.  1833,  to  borrow  any  further  sum  than  the  six  thou- 
sand  dollars  already  loaned  to  the  city  thereon,  shall  hence-  yoked, 
forth  cease  and  determine,  and  the  same  is  hereby  repealed.2 1 

Passed  29th  November,  1834;  and  recorded  8th  December,  1834,  in 
Book  A.  page  198. 


CHAPTER  CXCI. 

An  Ordinance  for  raising  money  by  loan,  to  be  applied  to  the  dis¬ 
charge  of  several  debts  heretofore  contracted  by  the  corporation 
of  the  city  of  Pittsburgh. 

Whereas,  by  virtue  of  several  ordinances  of  the  select  and 
common  councils,  passed  the  29th  day  of  June,  1828, 3d  day  preamhie 
of  December,  1828,  23d  day  of  February,  1829,  27th  day  of 
July,  1829,  and  by  a  resolution  passed  the - day  of - 

2 1  The  ordinance  herein  referred  to,  chap.  179,  ante ,  p.  665,  authorized  the  may* 
or  to  borrow  the  sum  of  $15,000 — but  $6000  only  of  the  stock  was  taken.  See 
statement,  post,  in  the  appendix,  entitled  11  Public  Loans  and  City  Debt  M 


676 


CITY  LOAN. 


1834,  certain  sums  of  money  were  loaned  to  the  corporation, 
bearing  an  interest  of  6  per  cent,  per  annum,  and  redeemable 
on  the  15th  day  of  December,  1834,  and  1st  day  of  July, 
1835;  for  the  redemption  thereof, 

I.  Be  it  ordained  and  enacted. ,  Sfc.  That  the  mayor  is  here¬ 
by  authorized  to  give  notice,  by  an  advertisement  in  the  news¬ 
papers  of  this  city,  weekly,  until  the  first  day  of  January  next, 
and  also  in  two  of  the  daily  newspapers  published  in  the  city 
of  Philadelphia,  during  the  same  time,  that  he  will,  in  behalf 
of  the  “  mayor,  aldermen  and  citizens  of  Pittsburgh,”  at  any 
Mayor  autho-  time  before  the  first  day  of  April  next,  receive  sealed  propo- 
rized  to  bor-  sals  for  a  loan  of  the  whole  or  any  part  (not  less  than,  nor  con- 
row  $75,000.  taining  any  fraction  of  one  hundred  dollars,)  of  the  sum  of  se- 
r  ct^avable  venty -five  thousand  dollars,  at  an  interest  of  five  per  cent,  per 
half  yearly.  annum,  payable  half  yearly,  on  the  first  days  of  January  and 
July,  either  at  the  office  of  the  city  treasurer  or  at  the  Schuylkill 
Bank,  or  at  such  other  place  within  the  city  of  Philadelphia, 
as  the  councils  may  hereafter,  by  ordinance,  designate,  at  the 
option  of  the  lenders,  redeemable  (and  not  otherwise,  without 
the  consent  of  the  lenders  or  their  assigns,)  as  follows:  twen- 
When  re  thousand  dollars  on  the  first  day  of  July,  one  thousand 
deemable.  eight  hundred  and  sixty-two,  twenty  thousand  dollars  on  the 
first  day  of  July,  one  thousand  eight  hundred  and  sixty-four, 
twenty  thousand  dollars  on  the  first  day  of  July,  one  thousand 
eight  hundred  and  sixty-six,  and  fifteen  thousand  dollars  on 
the  first  day  of  July,  one  thousand  eight  hundred  and  sixty- 
Certificates  of  eight,  for  which  certificates,  under  the  seal  of  the  corpora- 
$100  each  to  tion,  shall  be  issued,  in  sums  of  one  hundred  dollars  each,  or, 
be  issued  for  at  the  option  of  the  lenders,  in  sums  of  a  greater  amount, 
the  same.  which  proposals  shall  express  the  sums  which  the  offerers* 
respectively,  are  willing  to  contract  to  pay  for  every  hundred 
dollars  of  certificates. 

Proposals  to  II.  That  on  the  said  first  day  of  April  next,  the  mayor  shall 
be  opened  on  proceed  to  open,  in  the  presence  of  the  treasurer,  and  a  ma- 
ip^St0^Aplii  jonty  “comrnittee  of  finance,”  all  the  sealed  proposals 

received  by  him,  whereupon,  they  shall  determine  the  propo¬ 
sals  to  be  accepted,  and  the  mayor  shall  forthwith  give  notice 
of  the  proposals  so  accepted,  to  the  person  or  persons  by 
whom  they  shall  have  been  made,  who,  upon  complying  with 
When  and  the  terms  by  them  respectively  offered,  and  paying  the  amount, 
how  payments  with  the  advance,  if  any,  into  the  treasury,  on  or  before  the 
aretobemade.  ^ay  0f  ju]y  next,  either  in  cash  or  in  the  certificates  and 
debts  to  be  redeemed  and  paid,  shall  receive  a  certificate  to 
the  amount  of  their  respective  loans,  to  be  signed  by  the  may- 
How&  where  or,  and  countersigned  by  the  treasurer  of  the  city,  which  tic- 
certificates  of  kets  shall  be  transferable  by  endorsement  thereon  made  in 
tr^sferred  ^  Presence  °f  l^e  treasurer  of  the  city,  or  in  the  presence  of  the 
raps  erre  .  cashjer  0f  the  Schuylkill  bank,  or  such  other  person  within 


CITY  LOAN. 


677 


the  city  of  Philadelphia,  as  the  councils  may  hereafter  desig¬ 


nate. 


JIf.  That  the  faith,  credit,  funds,  revenue,  and  corporate 
property  of  the  city  be,  and  they  are  hereby  solemnly  pledged 
for  the  payment  of  the  sums  hereby  authorized  to  be  borrow¬ 
ed,  as  aforesaid,  and  for  the  interest  of  the  same.22 


Property,  &c. 
of  corporation 
pledged  for  re¬ 
payment. 


Passed  29th  November,  1834;  and  recorded  8th  December,  1834,  in 
Book  A.  pages  199 — 200. 


22  The  blanks  in  the  preamble  of  this  ordinance  never  having  been  filled,  it  is 
now  uncertain  what  particular  resolution  of  councils  of  the  year  1834  was  intend¬ 
ed.  A  reference  to  the  minutes  of  the  common  council,  however,  present  the  fol¬ 
lowing  statement. 

The  ordinance,  chap.  179,  ante ,  p.  665,  passed  on  the  27th  of  November,  1833, 
'authorizing  the  mayor  to  borrow  the  sum  of  $15,000  for  the  use  of  the  city — under 
which  ordinance  it  appears  only  $6000  were  obtained.  (See  chap.  190,  ante,  p. 
675.)  On  the  same  day,  27th  Nov.  1833,  the  following  resolutions  were  adopted 
by  both  councils: — 

“  1.  Resolved,  That  the  mayor  and  treasurer  of  the  city  be  and  they  are  hereby 
authorized  to  borrow,  for  the  use  of  the  city,  the  sum  of  $5000,  to  be  repaid  in  90 
days;  and  that  the  faith,  credit  and  funds  of  the  city  be  pledged  for  the  re-payment 
of  the  same. 

“  2.  Resolved,  That  when  the  said  loan  is  effected,  the  treasurer  shall  place  the 
same  to  his  credit  in  the  bank  of  Pittsburgh,  and  apply  the  same  to  the  payment  of 
the  several  loans  heretofore  obtained  by  the  city;  and  likewise  make  provision  for 
the  payment  of  the  interest  due  at  Philadelphia  on  all  such  loans. 

“  3.  Resolved',  That  the  money  arising  from  the  loan  thus  effected,  shall  be  whol¬ 
ly  applied  to  the  payment  of  interest,  due  or  to  become  due,  on  city  loans,  and  to 
no  other  purpose  whatever.” — Minutes  of  com.  council,  27th  Nov.  1833,  page  198. 

On  the  24th  of  February,  1834,  the  councils  passed  the  following  joint  resolution, 
to  wit.  u  Resolved,  That  the  resolutions  passed  on  the  27th  of  November,  1833, 
authorizing  the  treasurer  of  the  city  to  borrow  the  sum  of  $5000,  to  be  repaid  in  90 
days,  be  continued  in  force;  and  that  a  renewal  of  the  loan  thereby  authorized,  be 
made  for  the  further  term  of  90  days  from  and  after  the  expiration  of  the  time  for 
which  said  loan  was  taken.” — Minutes  of  C.  C.  page  225. 

At  the  same  session  of  the  councils,  (24th  February,  1834,)  was  passed  the  ordi¬ 
nance,  chap.  184,  ante,  p.  670,  “  authorizing  the  mayor  to  borrow  the  sum  of  $10,000 
for  the  use  of  the  city.” 

On  the  26th  of  May,  1834,  the  following  joint  resolution  was  passed  by  the  coun¬ 
cils,  to  wit.  “  Resolved,  That  the  city  treasurer  be  and  he  is  hereby  authorized  to 
obtain  from  the  Bank  of  Pittsburgh,  a  renewal  for  the  term  of  69  days,  of  the  tem¬ 
porary  loan  of  $5000,  falling  due  at  that  bank  on  the  30th  inst.  and  that  the  faith, 
credit  and  revenue  of  the  city  are  hereby  pledged  to  the  Bank  of  Pittsburgh,  for  the 
payment  thereof.” — Min  of  C.  C.page  236. 

On  the  2d  of  August,  1834,  the  councils  passed  the  following  joint  resolution,  to 
wit.  u  Resolved,  That  the  treasurer  of  the  city  be  and  he  is  hereby  authorized  to 
borrow,  on  temporary  loan,  the  sum  of  $6000,  payable  on  the  1st  day  of  December 
next;  and  that  the  faith,  credit,  income  and  property  of  the  city  are  hereby  pledged 
for  the  payment  of  the  same  with  interest:  said  loan  shall  be  exclusively  appropri¬ 
ated  and  applied  by  the  treasurer,  to  redeem  a  loan,  of  like  amount,  obtained  in 
pursuance  of  an  ordinance  passed  on  the  5th  day  of  August,  1833.” — Min.  of  C.  C. 
page  242.  See  chap.  178,  ante,  p.  664,  “  authorizing  the  mayor  to  borrow  $6000 
for  sanitary  purposes.  ’ 1 

On  the  29th  of  September,  1834,  the  following  joint  resolution  was  passed  by 
the  councils,  to  wit.  u Resolved,  That  the  mayor  be  authorized  to  borrow  on  tem¬ 
porary  loan,  for  90  days,  the  sum  of  $2000;  and  that  the  faith,  credit  and  funds  of 
the  city,  be  pledged  for  the  payment  of  the  same.” — Min.  C.  C.p.  247.  And  on 


678 


CITY  PRINTERS. 


CHAPTER  CXCII. 

An  Ordinance  for  the  appointment  of  city  printers. 

I.  That  the  mayor  be,  and  is  hereby  authorized  to  receive 
proposals  to  ProPosals  until  the  first  day  of  March  next,  and  yearly  there- 
bereceivedby  after,  in  the  month  of  January,  for  printing  and  publishing 
the  mayor.  "  weekly,  in  any  of  the  newspapers  of  the  city,  all  ordinances, 
city  accounts,  advertisements,  proclamations,  &c.  that  may  be 
ordered  for  publication  by  the  city  councils,  their  committees, 
the  street  commissioner,  or  the  mayor:  such  proposals  to  set 
forth  the  price  per  square  for  one,  or  more  than  one  inser¬ 
tion:  and  the  mayor  is  hereby  authorized  to  appoint  the  two 
Mayor  au-lovvest  and  best  bidders;  who  shall,  upon  such  appointment, 
poinUvvo0  vm  onty  authorized  city  printers  and  publishers  entitled  to 

ters.  1  receive  compensation  for  the  city  printing,  unless  otherwise 
specially  ordered  by  a  joint  resolution  of  councils.2  3 

Passed  18th  February,  1835;  and  recorded  4th  March,  1835,  in  book 
A.  pages  202-3. 

the  15th  of  December,  1834,  the  following  was  adopted,  to  wit.  “ Resolved ,  That 
the  treasurer  of  the  city  be  and  he  is  hereby  authorized  to  extend  the  payment  of  a 
temporary  loan  authorized  by  a  resolution  of  the  councils,  17th  [29th]  of  Sep¬ 
tember  last,  for  $2000,  to  the  first  of  July,  1835,  provided  the  holder  of  the  same 
be  willing  so  to  do.”  Minutes  C.  C.p.  254. 

This  last  loan  of  $2000  is,  probably,  not  embraced  in  the  provisions  of  the  ordi¬ 
nance,  chap.  191,  evidently  being  for  a  temporary  purpose — the  other  loans  of 
$5000  and  $6000,  certainly  are,  although  the  date  of  the  resolution  is  left  blank. 
The  ordinances  referred  to  are — 1st.  chap.  106,  ante,  p.  192,  passed  29th  October, 
1827,  authorizing  a  loan  of  $2000,  for  the  use  of  the  water  works.— 2d.  chap.  117, 
ante,  p.  204,  passed  30th  June,  1828,  authorizing  a  loan  of  $15000  for  the  same  pur¬ 
pose. — 3d.  chap.  119,  ante,  p.  513,  passed  3d  December,  1828,  authorizing  a  loan  of 
$15000,  for  what  particular  purpose  is  not  specified  or  declared. — 4th.  chap.  123, 
ante,  p.  516,  passed  23d  of  February,  1829,  authorizing  a  loan  of  $10,000,  to  dis¬ 
charge  the  appropriation  of  the  current  year. — And  5th.  chap.  127,  ante,  p.535, 
passed  27th  July,  1829,  authorizing  a  loan  of  10,000,  for  the  purpose  of  completing 
the  water  works;  making  altogether  $70,000.  The  resolutions  of  councils  of  27th 
Nov.  1833,  24th  of  February,  1824,  and  26th  of  February,  1824,  authorizing  a  loan 
from  the  Bank  of  Pittsburgh  of  $5,000,  and  the  ordinance  in  the  text  being  for 
$75,000,  it  is  apprehended  that  the  loan  authorized  by  chap  191,  does  not  embrace 
in  its  provisions  of  payment  the  sum  of  $6000,  authorized  to  be  borrowed  by  chap. 
178,  ante,  p.  664  for  sanitary  purposes.  See  further  statement,  post,  in  the  appen¬ 
dix,  entitled  “Public  Loans  and  City  Debt .” 

A  supplement  to  this  ordinance  was  passed  on  the  18th  February,  1835,  see 
chap.  194,  post,  authorizing  an  additional  loan  of  $5000 — making  in  all  $80,000, 
subject  to  the  terms  and  conditions  of  this  ordinance;  and  a  further  supplement 
was  passed  on  the  19th  of  June  1835,  see  chap.  204,  post,  by  which  certificates  were 
authorized  to  be  issued  to  the  holders  of  the  stock  of  $1000  each,  to  be  transferable 
in  the  city  of  Philadelphia,  at  the  Bank  of  Pennsylvania,  in  the  presence  of  the 
president  or  cashier  thereof,  and  the  semi-annual  payment  of  the  interest  thereon 
to  be  paid  at  that  bank,  in  place  of  the  Bank  of  Schuylkill — thus  partially  repealing  the 
1st  section  of  the  ordinance  in  the  text,  chap.  191. 

23  All  the  provisions  of  this  ordinance  are  repealed  and  supplied  by  chap.  214, 
post,  passed  19th  January,  1836,  '‘providing  for  the  appointment  of  city  printers.” 


CITY  BILLS. 


679 


CHAPTER  CXCIII. 

An  Ordinance  for  the  redemption  of  city  bills,  and  for  the  pay¬ 
ment  of  the  interest  thereon,  under  certain  provisions. 

I.  That  the  sum  of  five  hundred  dollars  be,  and  the  same  Appropria¬ 

te  hereby  appropriated  for  the  redemption  of  all  eity  bills ^tion6  *0? 
yet  in  circulation,  issued  in  pursuance  of  an  ordinance  of  this  ^ PbUls  in 

city,  and  for  the  payment  of  the  interest  thereon;  provided  that  circulation, 
payment  of  said  bills  and  interest,  be  demanded  from  the  city 

treasurer,  at  his  office,  on  or  before  the  first  day  of  April, 

1835. 

II.  That  from  and  after  the  said  first  day  of  April,  1835, 

the  interest  upon  the  city  bills  issued  in  pursuance  of  any  cit^bMs*  to 
ordinance  of  this  city  shall  cease,  and  it  shall  not  be  lawful  ^ease  after  1st 
for  the  city  treasurer  to  pay  interest  and  charge  the  city  there-  April,  1835. 
with,  with  any  city  bills  presented  for  redemption,  or  offer¬ 
ed  as  payment  for  any  taxes,  water  rents,  stall  rents,  or  other 
city  dues,  from  and  after  said  first  day  of  April;  Provided,  t0P[hoge° 
that  this  ordinance  shall  not  be  so  construed  as  to  prohibit  the  presented  for 
redemption  and  payment  of  the  principal  of  said  city  bills  payment  be- 
and  of  the  interest  on  the  same  to  the  said  first  of  April,  f°|;e  1st  A- 
1835,  at  any  time  hereafter.  pn1. 

Passed  18th  February,  1835;  and  recorded  4th  March,  1835,  in  book 
A.  page  203. 


CHAPTER  CXCIV. 


An  Ordinance  supplementary  to  an  Ordinance  entitled  “An  Ordi¬ 
nance  for  raising  money  by  loan,  to  be  applied  to  the  discharge  of 
several  debts  heretofore  contracted  by  the  corporation  of  the  city 
of  Pittsburgh.” 

I.  That  the  mayor  be,  and  he  is  hereby  authorized  and  re¬ 
quired,  to  give  notice  by  advertisement,  weekly,  in  the  news-  .  May°r  to 
papers  of  this  city,  and  in  two  daily  newspapers  in  the  city  of  foan  Gf  $5000 
Philadelphia,  for  three  weeks,  that  he  will,  in  behalf  of  the  by  advertise- 
mayor,  aldermen,  and  citizens  of  Pittsburgh,  at  any  time  be-  ment. 
fore  the  first  day  of  April  next,  receive  proposals  for  a  further 
loan  of five  thousand  dollars ,  at  a  rate  of  interest  not  exceed¬ 
ing  five  per  cent,  per  annum,  payable  half  yearly,  on  the  same  5  pr.  ct.  ints. 
days  and  at  the  same  places  as  the  interest  on  the  loan  au- to 
thorized  by  the  ordinance  to  which  this  is  a  supplement,  tey^y6  ha  * 
made  payable ;  and  the  same  forms  of  certificates  shall  be  issued  y 
and  given  to  the  lenders,  and  the  same  proceedings  shall  be  ^oan  not  to 
observed  in  conducting  this  loan  as  are  set  forth  in  said  ordi-  be  redeemed 
nance :  which  loan  as  aforesaid,  for  five  thousand  dollars,  shall  until  1st  July 
not  be  redeemed  by  the  city,  without  the  consent  of  ihe  hold- 


680 


WATER  RENTS. 


ers  thereof,  before  the  first  day  of  July,  one  thousand  eight 
hundred  and  sixty  eight.24 

Passed  18th  February,  1835;  and  recorded  4th  March,  L835,  in  book 
A.  page  203-4. 


CHAPTER  CXCV. 


An  Ordinance  to  change  the  mode  of  assessing  and  collecting  water 
rents,  and  for  other  purposes. 

I.  That  forthwith  and  from  and  after  the  passage  of  this  or¬ 
dinance,  and  at  the  organization  of  the  water  committee,  in 

Assessor  &  each  and  every  year  hereafter,  it  shall  be  the  duty  of  said  com- 
t  e  r  *  rent  s  tcTlTe*  m*^ee  to  aPP°'nt  some  suitable  person  as  assessor  and  regis- 
appointed,  6  ter  °f  water  rents,  who  shall  annually,  in  the  month  of 
April,  and  as  soon  after  the  first  of  April  in  each  and  every 
year  hereafter,  as  possible,  make  out  and  prepare  a  correct 
alphabetical  list  of  the  names  of  all  persons  using  the  hydrant 
water,  designating  the  streets  and  alleys  in  which  they  reside, 
Alphabetical  the  number  of  the  buildings  they  severally  occupy,  as  far  as 
ou^&^aid*^ bef  same  *s  Practicable,  the  name  of  the  owner  or  owners  of 

fore  the  water  building  so  occupied,  the  trade  or  occupation  of  the  per- 
committee.  son  being  the  principal  renter  or  occupant  of  each  house,  and 
the  amount  of  water  rent  wherewith  each  individual  may  be 
assessed  or  is  entitled  to  pay  for  the  current  year,  which  said 
list,  when  so  prepared  and  completed,  shall  be  forthwith  laid 
before  the  water  committee,  whose  duty  it  shall  be  carefully 
to  examine  the  same  and  make  all  necessary  corrections  and 
additions  therein ;  and  when  so  corrected,  the  committee  shall 
To  be  ap-  approve  the  same  in  writing,  and  it  shall  be  the  duty  of  said 
proved  of  and  register  and  assessor  of  the  water  rents  to  enter  a  correct  copy 
made  a  book0fsaid  list  so  made  out  and  approved,  in  a  book  of  record,  to 
ot  record.  kept  wa|er  committee  for  that  purpose  at  their 

office,  which  said  book  shall  be  open  to  the  inspection  of  the 
members  of  the  councils,  at  all  seasonable  times,  if  required. 

II.  That  when  the  said  annual  list  of  water  rents  shall  be 
completed  and  approved  of  by  the  water  committee,  as  afore- 

To  be  de  sa^?  ^  assessor  arjd  register  to  deliv- 

livered  to  the  er  ^be  same  to  the  collector  of  the  city  taxes,  who  is  hereby 
collector,  &c.  authorized  and  required,  forthwith,  to  demand  payment  of 
the  said  water  rents  from  the  persons  residing  on  the  prem¬ 
ises  or  owning  the  estates  charged  therewith,  and  to  collect 
the  same  without  delay,  and  pay  over  weekly  the  same  as  col¬ 
lected  to  the  city  treasurer;  and  the  said  collector  shall  be  al¬ 
lowed  such  per  cent,  for  his  trouble  and  services  in  collecting 


24  For  the  ordinance  to  which  this  is  supplementary,  see  chap.  191,  ante .  p.  675, 
passed  29th  November,  1834,  and  also  statement,  post ,  in  the  appendix,  entitled 
“  Public  loans  and  city  debt”  See,  also,  chap.  204,  post ,  passed  19th  June,  1835. 


WATER  RENTS. 


681 


the  said  water  rents,  and  paying  them  over  to  the  treasurer,  Payments  to 
as  is  or  may  be  allowed  him  for  collecting  the  city  taxes  for  bemadeweek- 
the  time  being:  Provided ,  that  the  said  collector  shall,  before  ^ to  the  treas" 
entering  upon  the  duties  enjoined  by  this  ordinance, first  give  * 
bond  with  surety,  to  be  approved  of  by  the  water  committee  ceniage  allow- 
in  the  sum  of  six  thousand  dollars,  conditioned  that  he  shall  ed  as  for  col- 
well  and  faithfully  pay  to  the  treasurer,  at  the  times  and  in  lecting  city 
the  manner  herein  prescribed,  all  the  water  rents  which  he  taxes, 
shall  collect,  and  that  he  shall  not  apply  to  his  own  use,  or  any 
purpose  inconsistent  with  this  ordinance,  any  of  the  money  -  e°  bQCn^r 
by  him  collected,  and  shall  faithfully  do  and  perform  all  the  $6000. 
duties  enjoined  on  him  by  this  ordinance. 

III.  That  it  shall  be  the  duty  of  said  collector,  on  the  1st 
Monday  of  August  in  each  and  every  year,  to  report  in  wri¬ 
ting  to  the  register  of  water  rents,  all  delinquents  on  his  list 
or  duplicate  of  water  rents,  and  to  make  oath  or  affirmation,  Duties  of 
to  be  written  on  the  said  report  and  to  be  signed  with  his  co  ector* 
name  and  that  of  the  alderman  or  magistrate  by  whom  the 
same  shall  be  administered,  that  he,  the  said  collector,  has  de¬ 
manded  payment  of  the  said  water  rents  from  the  persons  re¬ 
siding  on  the  premises  or  owning  the  estates  charged  there¬ 
with,  and  hath  not  received  the  same,  or  any  part  thereof;  and 
the  said  register  shall  immediately  give  notice  in  writing  to  .  Notice  to  be 
such  delinquents,  of  the  amount  of  the  water  rents  due  by  £lven  to  delin_ 
them  respectively ;  and  that  unless  the  said  water  rents  shall  ** 
be  paid  before  the  expiration  of  two  weeks  thereafter,  they 
will  be  deprived  of  the  use  of  the  water;  and  that  suit  will  be 
instituted  for  the  water  rent  due,  as  well  as  for  the  charges  of 
detaching  the  ferule  from  the  pipe  of  conduit,  and  the  ex-  Ferules  to 
penses  of  repaving  over  the  water  pipe,  together  with  an  ad-be  removed  in 
dition  of  ten  per  cent,  on  the  amount,  as  a  penalty  for  such  a11  cases 
delinquency ;  and  on  the  failure  of  such  delinquents  to  make  Paymen  • 
the  required  payments,  the  register  of  the  water  rents  is  here¬ 
by  directed  and  enjoined  to  make  a  report  in  writing,  on  the 
first  Monday  in  September  of  each  and  every  year,  containing  ^ePort  to  be 
the  name  and  residence,  with  the  rents  and  charges  due  by  ™a 
each  delinquent,  which  shall  be  delivered  to  the  superintend-  Sept,  annual- 
ent  of  the  water  works,  who,  on  receiving  the  said  report,  ly. 
shall  forthwith  cause  the  ferules  of  all  such  delinquents  to  be 
detached  from  the  pipe  of  conduit,  unless  the  amount  of  the 
rent  due  be  paid  to  him,  and  which  he  is  hereby  authorized  to 
receive,  and  pay  the  same  over  to  the  register  of  the  water 
rents;  and  the  said  register  shall  cause  suits  to  be  instituted  ing^tuted*0 
before  the  mayor  or  any  alderman  of  the  city,  against  all  such  gainst  del  in¬ 
delinquents  for  the  recovery  of  the  water  rents  due  and  un-  quents. 
paid,  as  well  as  for  the  charges  of  detaching  the  ferule  from 
the  pipe  of  conduit  and  the  expense  of  repaving  over  the  wa¬ 
ter  pipes,  with  costs  of  suit,  together  with  ten  per  cent,  addi-  Penalty, 
tional  on  the  amount,  and,  when  the  same  are  so  recovered 
he  shall  pay  the  same  over  to  the  city  treasurer. 

107 


682 


WATER  RENTS. 


Assessor  & 
register  to  give 
bond  in  $2000. 


Salary  of 
$300  per  an. 
allowed  to  as¬ 
sessor  and  re¬ 
gister- 


IV.  That  the  assessor  and  register  of  the  water  rents  shall, 
before  entering  upon  the  duties  of  his  office,  give  bond,  with 
such  sureties  as  shall  be  satisfactory  to  the  water  committee, 
in  the  sum  of  two  thousand  dollars,  conditioned  for  the  faith¬ 
ful  performance  of  the  duties  appertaining  to  his  office,  and 
that  he  will  well  and  faithfully  pay  over  to  the  treasurer  all 
the  water  rents  which  he  shall  collect  and  recover,  and  the 
said  assessor  and  register  of  water  rents  shall  be  allowed  a 
yearly  salary  of  three  hundred  dollars,  payable  quarterly,  by 
warrants  drawn  by  the  mayor  upon  the  city  treasurer. 

V.  That  for  the  present  year,  and  annually  thereafter,  the 
superintendent  of  the  water  works  shall  be  allowed  for  his 


Superintend-  seryices  as  by  law  required  of  him,  a  yearly  salary  of  twelve 
ent  of  water  hundred  dollars,  payable  quarterly,  as  other  city  officers  are  paid, 
works— his  sa-  and  shall  have  a  house  and  fuel  furnished  him  at  the  water 
lary y&e.  works  without  charge  therefor:  Provided ,  that  the  said  su¬ 

perintendent  shall  employ  a  trusty  and  skilful  engineer  for  the 
Sup.  to  em-  water  works,  at  such  annual  or  per  diem  salary  as  may  be  agreed 
ploy  an  engi-  for,  whose  service  shall  be  paid  for  by  the  superintendent  out  of 
neer.  the  yearly  salary  allowed  him  by  this  ordinance. 


VI.  That  so  much  of  an  ordinance  entitled  “an  ordinance 


to  enable  and  empower  the  water  committee  to  appoint  and 
elect  a  suitable  person  as  assessor  and  collector  of  the  water 
R  rents,”  passed  the  28th  day  of  January,  1833,  as  is  inconsist- 

clause.  S  ent  herewith,  and  such  other  ordinance  as  is  hereby  altered 
and  supplied,  be  and  the  same  is  hereby  repealed.25 

Passed  21st  February,  1835;  and  recorded  4th  March,  1835,  in  book 
A.  pages  200,  1  &  2. 


CHAPTER  CXCVI. 

An  Ordinance  concerning  the  assessment  and  appropriation  of  the 
city  taxes,  for  the  year  1835,  and  for  other  purposes. 

I.  That  for  the  purpose  of  raising  supplies  for  the  present 
year,  there  shall  be  levied  upon,  and  collected  from  the  per¬ 
sons,  professions,  trades  and  property,  within  said  city,  made 
$22,000  to  be  taxable,  the  sum  of  twenty -two  thousand  dollars ,  ox  jive  mills 
raised  for  city  on  each  dollar  of  the  county  valuation  for  the  year  1835,  as  a 
purposes.  city  tax:  And,  agreeably  with  the  resolutions,  adopted  at  the 
several  ward  meetings  of  the  people,  held  in  pursuance  of  the 

2  5  This  ordinance  repeals  and  supplies  many  of  the  provisions  contained  in 
former  ordinances,  particularly  those  of  chap.  172,  ante,  p.  599—602,  passed  28th 
January,  1833,  entitled  “An  ordinance  to  enable  and  empower  the  water  com - 
mittee  to  appoint  and  elect  a  suitable  person  as  assessor  and  collector  of  water  rents, 
and  for  other  purposes.”  The  duties  heretofore  performed  by  that  officer  are  now 
divided  between  the  assessor  and  register  of  the  water  rents,  and  the  collector  of  the 
city  taxes ,  who  is  hereby  made  collector  of  the  water  rents.  See  the  notes  and  re¬ 
ferences  appended  to  chap.  172,  ante,  p.  602. 


ASSESSMENT. 


683 


7th  section  of  the  act  of  assembly,  “  to  establish  a  general 
system  of  education  by  common  schools,”  the  additional  sum 
of  eight  thousand  eight  hundred  dollars  shall  be  laid  upon 
the  taxable  inhabitants  of  said  city,  at  the  rate  of  two  mills 
upon  each  dollar  of  the  valuation,  as  aforesaid,  for  the  present 
year,  which  sum  shall  be  levied  and  collected  as  a  tax  for  the 
support  of  common  schools  within  said  city. 

II.  That  the  aforesaid  sums,  together  with  the  moneys  now 
in  the  treasury,  the  arrearages  of  the  taxes  heretofore  assessed, 
as  well  as  all  moneys  arising  from  rents,  fines,  forfeitures,  li¬ 
censes,  wharfages,  loans,  &c.  shall  be,  and  the  same  is  here¬ 
by  appropriated  as  follows,  to  wit: 

No.  1. — Salaries  of  city  officers ,  to  wit: 

Mayor,  five  hundred  dollars, 

Treasurer,  five  hundred  dollars, 

Wharf-master,  four  hundred  dollars, 

Street  Commissioner,  three  hundred  and 
sixty-five  dollars, 

Clerk  of  Markets,  one  hundred  and  fifty 
dollars, 

High  Constable,  two  hundred  dollars, 

City  Constables,  one  hundred  dollars  each,  600  00 
Clerks  of  Councils,  each  150  dollars, 

Bell  Ringer,  eighty  dollars, 

Messengers  of  Councils,  each  25  dollars, 

Assessor  of  city  taxes,  sixty  dollars, 

Recording  Regulator,  two  hundred  dolls.  200  00 
Superintendent  of  water  works, 

Assessor  and  Register  of  water  rents, 

4,905  00 
534  50 


ersj  to 

wit: 

$500 

00 

500 

00 

400 

00 

365 

00 

150 

00 

200 

00 

i,  600 

00 

300 

00 

80 

00 

50 

00 

60 

00 

200 

00 

1200 

00 

300 

00 

Balance  of  appropriation  for  1834, 

No.  2. — Loans  falling  due  in  1832,  [1835,]  viz:28 
Old  water  loan,  on  1st  July,  70,000  00 

Temporary  loans,  due  1st  July 

for  $6,000 

Do.  1st  July,  for  2,000 

Do.  27-30  April,  for  2,000 

- 10,000  00 

- 80,000  00 

No.  3. — Interest  on  city  debt . 

Arrearages  due  1st  Dec.  1834,  and  1st 

January  1835,  821  28 

Payable  in  1835,  10,321  33 

11,142  61 


No.  4. — Cleaning  paved  cartways . 

Due  on  contract  for  1834,  544  75 

2  6  See  chap.  191 ,  ante,  p/675,  and  notes  appended  thereto;  and  a] 
post ,  in  the  appendix,  entitled  “  Public  Loans  and  City  Debt.” 


$8,800  to  be 
levied  for  sup¬ 
port  of  com¬ 
mon  schools. 


Salaries. 


Loans. 


Interest. 


statement, 


684 


ASSESSMENT. 


Wharves. 


Paving,  &c. 


Printing. 


Brought  over,  544  75— $96,582  11 

For  1835,  1,725  00 

-  2,269  75 

No.  6. — Wharves  and  landings ,  1,000  00 

No.  7. — Paving  and  grading  cartways  and  repaving  paved 
cartways ,  Sfc.  viz. 

For  finishing  pavement  on  Seventh  street, 

&c.  per  contracts  of  1834,  381  55 

Paving  for  1835,  1618  45 

-  2,000  00 

No.  8. — Public  printing . 

Due  on  account  of  printing  for  1834,  239  75 

For  1835,  300  00 


-  539  75 

San.  board.  No.  9. — Hospital  and  Sanitary  fund,  1000  00 

City  bills.  No.  10. — Redemption  and  interest  of  city  bills,  500  00 

Water  works.  No.  11. — City  water  works ,  6,500  00 

No.  12. — Contingent  fund. 

Warrants  issued  in  1833  &  1834,  charge¬ 
able  to  this  account,  1,003  67 

Contingent  Unpaid,  2,500  00 

fund.  Contingent  fund  for  1835,  4,194  18 


Paving,  &c. 


-  7,697  85 

No.  13. — Paving  Water  street . 

From  Smithfield  to  Grant  street,  in  pursuance  of 
an  ordinance  providing  for  the  pavement  of  cart¬ 
ways,  &,c.  passed  14th  Dec.  1816,  522  93 


Total  amount. 


$121,232  39 


No.  14. — Common  schools.27 

Amount  of  tax  levied  for  support  of  com- 
School  fund.  mon  schools,  at  the  rate  of  2  mills,  $8,838  00 

From  which  deduct  for  appeals,  lost  tax¬ 
es,  and  fees  of  collection,  estimated,  538  00 

- $8,300  00 

Passed  21st  of  February,  1835;  and  recorded  17th  March,  1835,  in 
Book  A.  pages  204,  5  and  6. 

2  7  For  the  act  of  assembly,  entitled  “  an  act  to  establish  a  general  system  of  edu¬ 
cation  by  common  schools,”  passed  1st  April,  1834,  under  which  this  appropriation 
of  $8838  was  authorized  and  required,  see  Pamph.  Laws  of  Penn.  sess.  of  1833 — 34, 
p.  170 — 79.  The  7th  sect,  respecting  “  the  meetings  of  the  people  in  districts,”  hav¬ 
ing  been  strictly  complied  with,  the  appropriation  became  imperative  on  the  city 
authorities.  By  the  21st  sect,  of  this  act,  it  is  provided,  “  that  the  several  duties  of 
district  treasurers,  in  the  cities  of  Philadelphia,  Lancaster  and  Pittsburgh,  shall  be 
performed  by  the  treasurers  of  the  respective  counties,  and  their  accounts  shall  be 
audited  and  settled  by  the  county  auditors,  as  in  other  cases.”  For  the  account  of 
the  expenditure,  &c.  of  this  appropriation,  see  the  official  accounts  of  the  treasu¬ 
rer  of  Allegheny  county,  as  settled  by  the  county  auditors,  and  appendix. 

O*  For  the  acts  of  assembly  respecting  “common  schools  and  a  general  system 
of  education,”  see  appendix. 


GAS  LIGHTS. 


685 


CHAPTER  CXCVII. 


An  Ordinance  for  the  reduction  of  the  rent  paid  by  weigh  master  of 

the  market  house.  Rent  of  weigh 

I.  That  the  rent  of  the  weigh  house  at  the  market,  for  the  house  $50  per 

present  year,  be  fixed  at  fifty  dollars.  annum. 

II.  That  all  ordinances  as  to  the  rent  of  weigh  house  be 
and  the  same  are  hereby  altered  and  repealed.28 

Passed  23d  February,  1835;  and  recorded  3d  March,  1835,  in  Book 
A-  page  200. 


CHAPTER  CXCVIII. 

An  Ordinance  for  the  construction  and  management  of  the  Pitts¬ 
burgh  gas  works. 

I.  That  for  the  construction  and  carrying  on  the  works 
hereinafter  provided  for,  the  sum  of  fifty  thousand  dollars,  to  iooo  shares 
be  divided  into  one  thousand  shares,29  of  fifty  dollars  each,  of  stock  of  $50 
shall  be  raised  in  the  following  manner:  A  book  shall  be  ea°h be  sub¬ 
opened  by  the  city  treasurer,  at  such  convenient  place  as  he scn  ed* 
may  designate,  on  the  second  Monday  of  May,  1835,  and  be 
kept  open  during  the  office  hours30  of  said  treasurer,  for  sixQ  to  be 
juridical  days  thereafter,3 1  in  which  the  said  treasurer  shall  p 
permit  all  persons  of  lawful  age,  either  personally  or  by  attor¬ 
ney,  duly  authorized,  to  subscribe  for  any  number  of  shares  of 
the  said  stock,  on  the  following  conditions: — The  said  book 
shall  be  headed  in  the  following  manner:  “  We,  whose  names 
are  hereunto  subscribed,  promise  to  pay  to  the  city  treasurer  Formofsub- 
the  sum  of  fifty  dollars  for  each  share  of  stock  set  opposite  our  scription. 

2  8  This  ordinance  repeals  and  supplies  the  2d  sect,  of  chap.  131,  ante,  p.  538,  by 
which  the  annual  rent  of  the  weigh  house  at  the  market  was  fixed  at  $150,  payable 
quarterly.  Whether  the  phrase,  “present  year''  in  the  1st  sect,  intended  to  limit  the 
reduction  to  that  year,  (1835,)  is  uncertain;  but  the  2d  sect,  as  to  the  alteration  and 
repeal  of  former  ordinances  appears  to  be  imperative. 

2  9  By  chap.  203,  post,  passed  1st  June,  1835,  five  hundred  and  eighty-five  shares 
of  this  stock  was  directed  to  be  sold  at  public  auction  on  the  8th  of  June,  and  it  was 
sold  accordingly. 

8  0  What  was  originally  meant  by  the  term  of  “  office  hours”  of  the  city  treasu¬ 
rer,  is  not  exactly  known,  or  whether  he  had  any  authority  to  establish  any  particular 
office  hours  or  not.  The  banks,  insurance  offices,  &c.  have  established  3  o’clock,  P. 
M.  as  the  hour  of  closing,  which  fact  suggested  itself  probably,  to  many,  as  the  usual 
office  hours  of  the  treasurer;  but  in  consequence  of  585  shares  of  the  gas  works 
stock,  having  been  subscribed  for,  after  the  passage  of  ordinance,  chap.  201,  on  the 
16th  May,  1835,  and  after  3  o’clock  of  that  day,  a  dispute  arose,  which  resulted  in 
the  passage  of  chap.  203,  post,  which  see — the  preamble  to  which  is  explanatory  of 
the  whole  transaction. 

3 1  The  time  of  keeping  open  the  books  for  receiving  subscriptions  is  extended  to 
the  first  Monday  of  July,  by  the  4th  sect,  of  chap.  201 ,  above  referred  to.  See,  how¬ 
ever,  chap.  203,  post,  passed  1st  June,  1835,  by  which  many  material  alterations  were 
made — and  by  the  5th  sect,  of  which  the  4th  sect,  of  the  ordinance,  chap.  201,  pass¬ 
ed  on  the  16th  May,  1835,  was  repealed  entirely. 


686 


GAS  LIGHTS. 


respective  names,  on  the  days  and  times,  and  in  such  quotas 
and  proportions  as  may  be  fixed  by  the  trustees  appointed  ac¬ 
cording  to  the  provisions  of  an  ordinance  entitled,  “an  ordinance 
for  the  construction  and  management  of  the  Pittsburgh  gas 
works,”  passed  the  27th  day  of  April,  1835.  The  said  subscri¬ 
bers  shall  pay  to  the  city  treasurer,  at  the  time  of  subscribing,  ten 
Conditions  of^0]iars  on  each  share,32  and  the  remaining  forty  dollars  on 
su  scrip  ion.  eack  sjjare>  at  times  and  in  such  proportions  as  shall  be 
required  by  the  trustees  herein  provided  for:  Provided ,  That 
if  such  subscriptions  shall  exceed  the  full  number  of  one 
Distribution  thousand  shares,  they  shall  be  divided  amongst  the  subscribers 
of  shares.  pro  rata?  according  to  their  subscriptions,  but  not  less  than 
one  share  shall  be  allotted  to  any  subscriber :  and  Provided 
further ,  That  the  said  trustees  shall  have  authority  on  the  ap¬ 
plication  of  a  majority  of  the  stockholders,  voting  according 
Additional to  t*ls^r  resPective  interests,  and  with  the  consent  of  the  se- 
subscriptions.  lect  and  common  councils,  to  borrow  any  sum  not  exceeding 
$20,000,  or  to  receive  subscriptions  for  any  additional  num¬ 
ber  of  shares,  not  exceeding  four  hundred  in  the  whole,  if 
the  same  shall  be  found  necessary  to  complete  the  works  and 
put  them  in  operation.33 

II.  That  when  the  said  subscriptions  are  completed,  and 
Certificates  the  payments  made  in  full,  on  each  share,  certificates  to  be 
of  stock  to  be  signed  by  the  mayor  of  the  city,  and  countersigned  by  the  city 
issued.  treasurer,  transferable  in  like  manner  with  the  certificates  of 

the  funded  debt  of  the  city,  shall  be  issued  in  the  following 
form: 


“ Pittsburgh ,  1835. 

“This  is  to  certify  that  is  the  owner  of  shares 

of  the  stock  created  by  an  ordinance,  passed  the  twenty-se¬ 
venth  day  of  April,  1835,  for  the  construction  and  manage¬ 
ment  of  the  Pittsburgh  gas  works,  for  which  is  entitled  to 
Form  of  cer-  six  per  centum  per  annum  upon  the  amount  subscribed  and 
tificates  to  be  paid  jn?  provided  pro  rata  proportion  of  the  profits  ari- 

issued  to  thes|ngfrorn  sai(j  works  should  not  be  equal  to  said  rate  of  in- 
the  gas  stock,  terest;  but  if  said  pro  rata  proportion  of  said  profits 

should  be  equal  to  said  rate  of  interest,  then  said  proportion 
to  be  received  in  lieu  of  all  interest  upon  said  subscription 
and  payment  of  stock,  and  the  payment  of  any  dividend  or 
proportion  of  the  profits  upon  said  stock,  shall  be  received  as 
a  payment  of  so  much  of  said  interest.  The  said  is  here¬ 
by  entitled  to  the  pro  rata  proportion  of  the  profits  arising  from 


3  2  This  sum  is  reduced  to  Jive  dollars  by  the  3d  sect,  of  chap.  201,  before  refer¬ 
red  to — the  remaining  $45,  on  each  share,  to  be  paid  as  herein  provided. 

3  3  By  chap.  219,  post,  passed  3d  March,  1836,  subscriptions  for  400  additional 
shares  of  stock  were  authorized  to  be  subscribed  for,  on  behalf  of  the  city;  and  a 
loan  of  $20,000  authorized,  to  pay  for  the  same,  and  that  amount  to  be  paid  to  the 
trustees  of  the  gas  works,  at  such  times,  and  in  such  proportions,  as  they  might  re¬ 
quire. 


GAS  LIGHTS. 


687 


said  works,  to  be  declared  according  to  the  provisions  of  the 
fourth  section  of  said  ordinance;  subject,  nevertheless,  to  the 
right  of  the  mayor,  aldermen  and  citizens  of  Pittsburgh,  at 
any  time  the  select  and  common  councils  may  deem  it  ex¬ 
pedient,34  to  take  possession  of  said  works,  and  convert  the 
said  stock  into  a  loan,  redeemable  in  twenty  years  from  the  date 
of  such  conversion,  bearing  an  interest  of  five  per  cent,  per 
annum,  payable  half  yearly,  on  the  first  days  of  February  and 
August:35  Provided ,  That  the  said  mayor,  aldermen,  and 
citizens  of  Pittsburgh,  are  not  to  be  responsible  to  the  holder  „  .  . 

of  this  certificate,  prior  to  such  conversion,  tor  the  payment  ot  interest, 
any  money  on  account  of  said  works,  other  than  the  interest 
hereinbefore  provided  for,  as  a  guaranty  of  six  per  cent,  upon 
the  amount  invested,  and  his,  her,  or  their  proportion  of  the 
profits,  declared  as  aforesaid,  and  actually  paid  into  the  city 
treasury.” 

III.  That  within  twenty  days  after  the  passage  of  this  ordi-  Time  and 
nance,  the  select  and  common  councils  shall  choose  by  ballot  manner  of  e- 
twelve  citizens  of  Pittsburgh,  who  shall  be  denominated  trus-J^mS  trus“ 
tees  of  the  Pittsburgh  gas  works,  six  of  said  trustees  to  be  ees' 
elected  by  the  select  council,  and  six  to  be  elected  by  the 

common  council :  As  soon  as  said  elections  are  completed, 
the  clerks  of  councils,  respectively,  shall  divide  the  persons  so 
chosen,  by  lot,  into  three  classes;  the  first  class  to  serve  one  12  trustees  to 
year,  the  second  class  to  serve  two  years,  and  the  third  class  be  chosen, 
to  serve  three  years,  or  until  their  successors  shall  have  been 
appointed ;  and  record  the  result  upon  the  minutes  of  councils ; 
and  annually  thereafter,  at  the  stated  meeting  in  January,  the 
select  and  common  councils,  shall  each  respectively  elect  two  ^  ^ 
citizens  of  Pittsburgh  to  serve  as  trustees  for  the  term  of  three  ^e  chosen 
years  in  the  place  of  those  whose  term  of  service  shall  have  ex-  by  the  councils 
pired.  Not  more  than  two  members  of  each  council  shall  be  annually, 
trustees  at  any  time;  and  any  vacancies  that  may  occur  shall 
be  filled  by  special  elections  to  be  held  by  the  body  in  whose 
delegation  in  the  board  of  trustees,  the  vacancy  may  exist. 

The  said  trustees,  seven  of  whom  shall  be  a  quorum  for  the  geven  to  be 
transaction  of  business,  shall  meet  within  ten  days  after  their  a  qUOrum  and 
election,  and  choose  out  of  their  own  body  a  president,  and  a  president  to 
the  election  of  president  shall  take  place  in  each  succeeding  be  chosen, 
year  at  the  meeting  next  after  the  election  of  trustees. 

IV.  That  it  shall  be  the  duty  of  the  trustees  so  appointed, 


Four  trustees 


34  This  condition  has  been  altered  by  chap.  201,  sect.  1,  passed  16th  May,  1835, 
by  which  it  is  provided,  that  the  privilege  of  funding  the  stock  subscribed  shall  be 
suspended  for  15  years  from  that  date. 

35  By  the  2d  sect,  of  chap.  201,  above  referred  to,  it  is  provided,  that  the  divi¬ 
dends  on  so  much  of  the  stock  as  may  be  held  or  owned  by  persons  in  Phi¬ 
ladelphia,  shall  be  made  payable  at  the  Bank  of  Schuylkill,  or  at  such  other 
place  within  the  said  city,  as  the  councils  may  by  ordinance  direct;  and  that  trans¬ 
fers  of  stock  may  be  there  made,  as  well  as  at  the  office  of  the  treasurer,  in  Pitts¬ 
burgh. 


688 


GAS  LIGHTS. 


to  proceed  forthwith  to  construct  suitable  works  for  the  man- 
ufacture  of  carburetted  hydrogen  gas  from  bituminous  coal 
trustee's  °  C  ^or  t^ie  PurPose  of  public  and  private  illumination,  and  to  lay 
pipes  for  its  distribution  through  the  city.  The  said  works 
shall  be  on  a  scale  competent  to  manufacture  50,000  cubic 
feet  of  gas  daily,  and  the  arrangement  of  the  pipes  for  distri¬ 
bution  and  delivery  shall  be  approved  by  the  watering  com- 
Accountsto  mittee.  The  said  trustees  shall  keep  accurate  accounts  of 
be  kept.  their  receipts  and  disbursements,  and  report  the  same,  toge¬ 
ther  with  a  statement  of  their  proceedings  to  councils  annu¬ 
ally  in  the  month  of  January,  and  give  such  other  information 
as  may  from  time  to  time  be  required  by  the  select  or  com- 
Dividends  to  mon  council-  They  shall,  semi-annually,  on  the  first  days  of 
be  declared  se-  February  and  August,  declare  a  dividend  of  the  profits36  ari- 
mi-annually.  sing  from  the  manufacture  and  sale  of  gas,  after  deducting 
the  rent  of  the  lot,37  the  expense  of  manufacturing  the  gas, 
the  cost  of  repairs  to  the  works,  and  the  incidental  charges  of 
the  establishment,  and  issue  a  requisition  on  the  mayor  for 
the  payment  of  said  dividends  to  the  holders  of  the  certifi¬ 
cates. 


V.  That  the  trustees  aforesaid  be,  and  they  are  hereby  vest- 
Powers  and  ed  with  powers  necessary  for  the  construction  of  the  works 
duties  of  trus- herein  provided  for;  and  for  the  purpose  of  carrying  into  ef- 
tees*  feet  the  intents  of  this  ordinance,  are  hereby  empowered  to 

purchase  materials,  make  contracts,  and  employ  such  agent 
or  agents  as  they  may  deem  necessary :  Provided ,  That  no 
contract  shall  be  entered  into,  or  expenses  incurred,  to  exceed 
the  amount  of  the  subscriptions  for  the  construction  of  the 
works :  And  provided  further ,  That  no  trustee,  superinten¬ 
dent,  or  agent  of  the  Pittsburgh  gas  works,  shall  be  either  di- 
Disqualifica- rectly  0r  indirectly  concerned  or  interested  in  any  contract  or 
*10ns*  engagement  for  doing  work  or  labor,  or  furnishing  or  provi¬ 

ding  materials,  under  the  provisions  of  this  ordinance;  nor 
shall  any  act  of  said  trustees  impose  any  liability  whatever  on 
the  mayor,  aldermen,  and  citizens  of  Pittsburgh,  beyond  the 
Rules  and  re-  amount  of  the  said  subscriptions.  The  said  trustees  shall, 
gulations.  from  time  to  time,  prepare  and  submit  to  councils,  for  their 
approbation,  rules  and  regulations  under  which  the  gas  may 


3  6  By  the  5th  sect,  of  chap.  219,  before  referred  to,  it  is  provided  “that  the  in¬ 
terest  guaranteed  by  the  city  shall  be  paid  half  yearly  on  the  amount  of  subscrip¬ 
tion  paid  in ,  from  the  date  of  payment” 

3  7  By  the  7th  sect,  of  this  ordinance,  the  trustees  of  the  gas  works  are  authorized 
to  purchase  an  eligible  piece  of  ground  to  be  appropriated  for  the  use  of  the  gas 
works,  for  which  such  rent ,  as  the  trustees  may  deem  reasonable,  shall  be  charged  to 
the  works.  A  purchase  was  accordingly  made  from  John  Maitland,  which  was 
confirmed  by  ordinance,  chap.  207,  post,  passed  27th  July,  3835,  and  a  loan  of 
$11,000  authorized  on  behalf  of  the  city  for  the  payment  of  the  same;  but  that  or¬ 
dinance,  (chap.  207,)  was  wholly  repealed  by  chap.  216,  post,  passed  29th  Februa¬ 
ry,  1836,  except ,  perhaps,  so  much  of  it  as  impliedly  confirms  the  purchase  from  John 
Maitland. 


LIBERTY  STREET  MARKET  HOUSE. 


689 


be  furnished  to  private  consumers,  and  to  the  public  lamps: 

Provided ,  That  as  many  public  lamps,  not  exceeding  200  in 

the  whole,  as  may  be  required  by  the  committee  on  lighting, 

shall  be  supplied  at  one  half  the  price  paid  by  private  con-  Public  lamps. 

sumers;  the  fixtures  and  metres  therefor  to  be  approved  of  by 

the  last  named  committee,  being  provided  by  the  trustees, 

without  expense  to  the  city  corporation. 

VI.  That  all  moneys  arising  from  the  manufacture  and  p  .  , 

sale  of  gas,  shall  be  paid  into  the  city  treasury,  and  be  placed  expenditures 
to  the  credit  of  the  Pittsburgh  gas  works;  and  that  the  mayor  of  gas  works 
of  the  city  be,  and  he  is  hereby  authorized  to  draw  warrants,  establishment 
which  shall  be  charged  to  said  works,  for  such  sums,  and  at  Provided  for. 
such  times  as  may  be  required  by  the  trustees  aforesaid,  for 

the  fulfilment  of  this  ordinance :  Provided ,  That  all  requisi¬ 
tions  for  money  shall  have  been  duly  authorized  by  the  board 
of  trustees,  and  be  certified  by  the  president. 

VII.  That  the  trustees  aforesaid  be  authorized  and  empow-  p  , 
ered  for,  and  in  behalf  of  the  city,  to  purchase  an  eligible  grouu^  to6  be 
piece  of  ground  to  be  appropriated  for  the  location  and  use  made  by  the 
of  the  gas  works  aforesaid,  for  which,  such  rent  as  said  trustees  trustees, 
may  deem  reasonable,  shall  be  charged  to  the  works.38 

Passed  27th  April,  1835;  and  recorded  30th  April,  1835,  in  Book 
A.  pages  206,  7  and  8. 


CHAPTER  CXCIX. 

An  Ordinance  for  the  purpose  of  tearing  down  the  Liberty  street 
Market  house. 

I.  That  it  shall  be  the  duty  of  the  street  commissioner,  Market  house 
forthwith,  to  cause  to  be  torn  down  and  carried  away,  the  to  be  torn 
market  house  now  being  between  St.  Clair  streets  and  Cecil’s  <*own* 
alley,  on  Liberty  street. 

II.  That  the  street  commissioner  be  and  he  is  hereby  au¬ 
thorized  and  directed,  to  sell  the  materials  of  the  Liberty 

street  market  house,  for  the  best  price  that  can  be  obtained  Materials  to 
for  the  same;  and  after  defraying  the  expenses  of  tearing  be  sold, 
down  and  removing  said  market  house,  immediately  after 
said  sale,  to  pay  the  proceeds  of  sale  into  the  city  treasury. 

III.  That  the  city  treasurer  shall,  after  receiving  said  pro-  procee(js  lo 
ceeds  of  sale,  of  the  Liberty  street  market  house,  distribute  be  paid  to  the 
the  amount  thereof  among  the  stockholders,  (or  those  who  stockholders, 
subscribed  to  the  erection  of  the  said  market  house,)  in  a  pro 

3  8  The  provisions  of  this  section  have  been  complied  with — see  chap  207,  post, 
passed  27th  July,  1835.  See,  also,  statement, post,  in  the  appendix,  entitled  “Pub¬ 
lic  Loans  and  City  Debt."  But  chap.  207  is  wholly  repealed  by  chap.  216,  post , 
passed  29th  February,  1836 — except,  perhaps,  that  part  of  it  confirming  the  purchase 
of  the  lot  of  ground  from  John  Maitland,  for  $11,000. 

108 


690 


GAS  LIGHTS. 


rata  proportion,  to  the  amount  subscribed  for  the  building  of 
said  market  house. 

IV.  That  all  ordinances  in  relation  to  the  building  said 
market  house,  and  the  days  of  holding  market  therein,  be  and 
the  same  are  hereby  repealed.39 

Passed  1st  May,  1835;  and  recorded  21st  May,  1835,  in  Book  A* 
pages  208-9. 


CHAPTER  CC. 

A  further  supplement  to  an  Ordinance  entitled  “An  ordinance  regu¬ 
lating  the  markets,  &c.” 

I.  That  from  and  after  the  first  day  of  July  next,  it  shall 

exposing  cat- not  &r  any  person  or  persons  whatever,  to  expose 

tie, horses,  &c.  for  sale  any  carriage  or  carriages,  horses,  cattle,  or  animals  of 
for  sale  in  the  any  description,  in  or  upon  any  of  the  public  squares,  streets, 
publie  streets,  lanes  or  alleys  in  the  city,  under  a  penalty  of  ten  dollars,  to- 

be  recovered  on  conviction  before  the  mayor,  or  any  aider- 
man  of  the  city. 

II.  That  so  much  of  an  ordinance  entitled  “A  supplement 
Re  1  o£  to  an  ordinance  entitled  an  ‘ordinance  regulating  the  markets,’ 

former  ordi-  &c.  passed  the  29th  May,  1824,”  as  designates  Liberty  street 
nance.  the  market  for  the  exposure  and  sale  of  carriages,  animals, 

&c.  or  any  other  ordinance  or  ordinances  conflicting  with  the 
intent  and  meaning  of  this  supplement,  be  and  the  same  is 
hereby  repealed.40 

Passed  16th  May,  1835;  and  recorded  21st  May,  1835,  in  Book  A. 
page  209. 


CHAPTER  CCI. 

An  Ordinance,  supplementary  to  an  ordinance,  entitled  “An  ordi¬ 
nance  for  the  construction  and  management  of  the  Pittsburgh  Gas 
Works.” 

I.  That  the  right  of  the  “  mayor,  aldermen,  and  citizens  of 
Funding  of  Pittsburgh,”  to  fund  the  stock  created  in  pursuance  of  the 
Gas  stock  sus-  ordinance,  to  which  this  is  a  supplement,  and  convert  the  same 
pended  for  15  *nto  a  ]oan?  bearing  an  interest  of  five  per  cent,  per  annum, 
under  the  provisions  of  the  second  section  of  said  ordinance, 

3  9  The  erection  of  the  Liberty  street  market  house  was  authorized  by  ordinance 
chap.  165,  ante,  p.  589-90,  passed  17th  of  December,  1832.  The  subscribers  were 
as  follows:— Nathan  Pusey,  $100;  James  Brown,  $100;  Abisha  Way,  $100;  Thos. 
Scott,  $100;  David  Evans,  $100;  Thomas  Williams,  $100;  Adam  Hays,  $100; 
Samuel  Thompson,  $100;  Allen  &  Grant,  $100;  David  Greer,  $200;  Wm.  Hays, 
$100;  Anthony  Dravo,  $50;  Samuel  Robinson,  $100;  John  Wright,  $100;  and  Thos. 
Cassilly,  $100— among  whom  the  proceeds  of  the  sale  were  distributed,  pro  rata , 
according  to  the  direction  of  the  3d  Sect,  of  this  ordinance. 

40  This  ordinance  repeals,  in  part,  the  2d  sect,  of  chap.  84,  ante,  p.  172. 


FIRE  COMPANIES. 


691 


shall  be  and  the  same  is  hereby  suspended  for  the  term  of  fif¬ 
teen  years  from  and  after  the  passage  of  this  ordinance. 

II.  That  the  dividends,  payable  on  so  much  of  the  stock, 
created  by  the  ordinance  to  which  this  is  a  supplement,  as 

may  at  any  time  be  held  in  the  city  of  Philadelphia,  shall,  at  Dividends 
the  option  of  the  holders  thereof,  be  paid  to  them,  or  their  payable  at 
legal  representatives,  at  the  Schuylkill  Bank,  or  at  such  Philadelphia, 
other  place  within  said  city,  as  the  councils  of  the  city  of 
Pittsburgh  may  by  ordinance  designate ;  and  all  transfers  of 
the  stock  so  held,  shall  be  made  by  endorsement  upon  the 
certificates  thereof,  in  the  presence  of  the  cashier  of  said  Transfers  of 
bank,  or  such  other  person  within  the  city  of  Philadelphia,  as  stock— how  to 
may  by  ordinance  be  appointed  for  that  purpose,  or  in  the  be  made, 
presence  of  the  treasurer  of  the  city  of  Pittsburgh. 

III.  That  so  much  of  the  first  section  of  the  ordinance  to 


which  this  is  a  supplement,  as  requires  the  payment  of  ten 

dollars  on  each  share  at  the  time  of  subscribing,  shall  be  and 

is  hereby  repealed ;  and  instead  thereof,  the  subscribers  shall 

pay  to  the  city  treasurer,  at  the  time  of  subscribing,  five  dol-  First  instal- 

lars  on  each  share,  and  the  remaining  forty-five  dollars  on  reduced 

each  share  shall  be  paid  as  prescribed  in  the  first  section  of  pr‘ s  are* 

the  aforesaid  ordinance:  And  it  is  further  provided,  That 

so  much  of  the  aforesaid  ordinance,  to  which  this  is  a  supple-  Repeal  of 

ment,  as  may  be  hereby  altered  and  supplied,  and  of  any  Part  °f the  first 

other  ordinance  or  ordinances  as  may  be  inconsistent  here-  j^echap* 

with,  be,  and  the  same  is  hereby  repealed.  035'  an  e> 

IV.  That  the  treasurer  of  the  city  be  and  he  is  hereby  au¬ 
thorized  to  keep  the  Books  open,  for  receiving  subscriptions  T. 
to  the  stock  of  the  Pittsburgh  Gas  Works,  until  the  first  Mon-in1gmes<J,bs(fraP‘ 
day  in  July,  provided  the  stock  should  not  be  all  taken  before  tion  books  o- 
that  time,  and  report  the  number  of  shares  subscribed  at  each  pen  extended, 
meeting  of  the  councils,  up  to  that  period.41 


Passed  16th  May,  1835;  and  recorded  3d  June,  1835,  in  Book  A. 
pages  211-12. 


CHAPTER  CCII. 

An  Ordinance,  granting  aid  to  Fire  Engine  and  Hose  Companies  in 
the  city. 

I.  That  for  the  purpose  of  extinguishing  the  debts  now 
due  by  the  several  engine  and  hose  companies,  and  to  meet  $3235  53  ap- 
their  current  expenses  for  the  present  year,  the  sum  of  three  propriated  to 
thousand  two  hundred  and  thirty-five  dollars  and  fifty-three  b  ^hose^ 
cents  be  appropriated,  for  which  the  mayor  is  hereby  required  engine  compa- 
to  draw  his  warrants  upon  the  city  treasurer  in  favor  of  thenies. 

41  This  sect,  is  entirely  repealed  by  the  5th  sect,  of  chap.  203,  post,  passed  1st 
June,  1835.  See  statement, post,  in  the  appendix,  entitled  “Public  Loans  and  City 
Debt*' 


692 


FIRE  COMPANIES. 


Allegheny. 

Pittsburgh. 

Eagle. 

Neptune 


Vigilant. 

Union. 


treasurers  of  the  engine  and  hose  companies  in  the  city  res¬ 
pectively,  in  the  following  sums,  to  wit: 

The  “  Allegheny”  engine  and  hose  company,  three  hun¬ 
dred  and  ninety-five  dollars  and  fifty-four  cents.  $395  54 
The  “  First  Pittsburgh”  hose  company,  five  hun¬ 
dred  and  seventy-five  dollars  and  fifty-seven  cents.  $575  57 
The  “Eagle” engine  and  hose  company,  the  sum 
of  three  hundred  and  twenty-five  dollars.  $325  00 

The  “  Neptune”  engine  and  hose  company,  the 
sum  of  twelve  hundred  and  seventy  dollars,  which 
sum  shall  be  applied  exclusively  to  the  payment  of 
Kerns  &  Wilson’s  contract  for  building  an  engine 
house,  as  authorized  by  a  resolution  of  councils, 
adopted  April  28th,  1834.  $1270  00 

And  the  further  sum  of  four  hundred  and  sixty- 
six  dollars  and  thirteen  cents,  for  the  extinguish¬ 
ment  of  other  debts  and  contingent  expenses  as 
aforesaid.  $466  13 

The  “  Vigilant”  engine  and  hose  company,  one 
hundred  and  fifty-three  dollars  and  29  cents.  $153  29 
The  “  Union”  hose  company,  fifty  dollars.  $50  00 


$3,235  53 

which  sums  shall  be  paid  in  the  manner  aforesaid,  out  of  any 
money  in  the  treasury  not  otherwise  appropriated,  and  shall 
be  charged  to  appropriation  account  No.  5.42  And  it  is  here¬ 
by  further  provided,  that  for  the  purpose  of  extinguishing  the 
Further  ap-  balance  of  debts  due  by  the  “Vigilant”  engine  and  hose  com- 
propriation  of  pany,  to  the  Firemen’s  Insurance  company,  to  Merrick  and 
$1070.  Agnew,  and  to  Pennock  and  Sellers,  the  further  sum  of  one 

thousand  and  seventy  dollars  shall  be  provided  for  by  the 
‘Committee  of  Finance,’  for  the  next  year,  and  made  payable 
on  the  first  day  of  July,  1836,  with  interest  thereon  from  and 
after  the  first  day  of  July  next. 

II.  That  yearly  hereafter,  in  the  month  of  January,  when  the 
joint  standing  committees  are  appointed,  the  councils  shall 
appoint  a  joint  committee,  to  consist  of  one  member  of  the 
Committees  select  council,  and  two  members  of  the  common  council,  who 

be  C°annuall°  not  mem^ers  anY  ^re  company,  to  be  styled  “the 
appointed^  ^  committee  on  fire  companies,”  whose  duty  it  shall  be  to  in¬ 
spect  the  fire  engines,  hose  and  other  fire  apparatus  of  the 
respective  fire  companies  in  the  city,  as  often  as  they  may 
think  proper,  and  apportion  the  money  hereinafter  appropria¬ 
ted,  or  so  much  thereof  as  they  may  deem  necessary,  among 


There  is  no  appropriation  No.  5,  in  the  annual  appropriation  bill  of  1835 — 
which  see,  ante ,  p.  684,  chap.  196.  The  amount  thereby  appropriated  should  be 
$118,610  39,  in  place  of  $121,232  39.  Difference  $2,620. 


FIRE  COMPANIES. 


693 


the  said  companies,  and  to  act  in  relation  to  the  apportion¬ 
ment  according  to  their  discretion. 

III.  That  from  and  after  the  present  year,  there  shall  be 

provided  in  the  annual  appropriation  bill,  for  each  succeeding  Annual  ap- 
year,  the  sum  of  eleven  hundred  dollars,  which  sum  shall  be  ^xiO^^able 
placed  under  the  control  of  the  standing  committee  on  “Fire  jst  October 
Companies  j”  and  the  same,  or  such  part  thereof  as  they  shall 
deem  necessary,  be  paid  on  the  first  day  of  October  annually, 
to  the  fire  engine  and  hose  companies  in  the  city,  for  the 
purpose  of  keeping  their  respective  fire  engines,  hose  and  ap¬ 
paratus  in  effective  and  useful  condition,  in  such  proportions 
as  shall  be  respectively  assigned  to  them  by  the  said  com¬ 
mittee  :  Provided ,  that  this  ordinance  shall  not  extend  to  the 
relief  of  any  fire  companies  instituted  from  and  after  the  pas¬ 
sage  of  this  ordinance. 

IV.  That  when  said  committee  on  fire  companies  shall  have 
apportioned  the  whole  or  a  part  of  the  aforesaid  sum  of  eleven 

hundred  dollars,  to  and  among  the  fire  engine  and  hose  com-  to  apportion 
panies,  in  the  city,  who  shall  agree  to  and  comply  with  the  the  annual  ap- 
provisions  of  this  ordinance,  and  allotted  to  each  company,  priation  a- 
so  complying,  such  sum  as  in  their  opinion  they  may  be  enti-  m°ng  the  sev- 
tled  to  receive,  the  said  committee  on  fire  companies  shall  ®  j*g  comPa_ 
certify  .the  sum  so  allowed  to  the  mayor,  stating  therein  the 
name  of  the  company,  and  he  shall  thereupon  draw  his  war¬ 
rant  for  the  amount  thereof  on  the  city  treasurer  in  favor  of 
the  treasurer  of  such  company. 

V.  That  it  shall  be  the  duty  of  the  said  committee  on  fire  com¬ 
panies  to  keep  regular  and  fair  minutes  of  their  proceedings, 

entered  in  a  book  for  that  purpose,  and  also  to  file  and  preserve  n- ^iri to^keT 
all  papers  and  communications  made  by  or  to  them,  which  shall  regUlar  min- 
at  all  times  be  open  to  the  inspection  of  any  member  of  either  utes,  &c. 
councils ;  and  once  in  each  month,  at  a  stated  meeting  of  coun¬ 
cils,  lay  the  book  of  minutes  of  their  proceedings  on  the  table 
of  the  clerk  of  one  of  the  councils,  for  the  information  of  the 
members. 

VI.  That  an  ordinance  entitled,  “A  further  supplement  to 

an  ordinance  making  certain  regulations  in  cases  of  fire,  and  to  ciau^epea],n§ 
prevent  fires  from  breaking  out,”  passed  the  5th  day  of  April, 

1823,  be  and  the  same  is  hereby  repealed.43 

Passed  25th  May,  1835;  and  recorded  30th  May,  1835,  in  Book  A. 
pages  209-10,  &  11. 

43  This  Ordinance  entirely  repeals  chap.  76,  ante,  p.  162. 


694 


GAS  LIGHTS. 


Preamble. 


Certain  shares 
of  stock  to  be 
relinquished, 
and  payments 
refunded. 


585  shares  to 
be  retained,  & 
disposed  of  as 
directed. 


CHAPTER  CCIII. 

A  further  supplement  to  an  Ordinance  entitled  “An  ordinance  for 
the  construction  and  management  of  the  Pittsburgh  Gas  Works,” 
passed  27th  April,  1835,  and  of  a  supplement  thereto,  passed  16th 
May,  1835. 

Whereas,  in  pursuance  of  an  ordinance,  passed  the  27th 
April,  1835,  entitled  an  “  ordinance  for  the  construction  and 
management  of  the  Pittsburgh  gas  works,”  the  city  treasurer 
opened  a  book  on  Monday,  the  11th  of  May  last,  for  the  pur¬ 
pose  of  receiving  subscriptions  for  the  stock  thereby  created, 
which  book  he  continued  to  keep  open  daily,  from  9  o’clock, 
A.  M.  to  3  o’clock,  P.  M.,  until  Saturday,  the  16th  May  last, 
inclusive;  and  on  the  said  16th  May,  the  city  councils  passed 
a  supplement,  emendatory  of  the  aforesaid  ordinance,  under 
the  provisions  of  which,  and  the  aforesaid  ordinance,  after  3 
o’clock,  P.  M.  of  that  day,  the  treasurer  received  subscrip¬ 
tions  for  said  stock,  to  the  number  of  five  hundred  and  eigh¬ 
ty-five  shares :  And  whereas ,  doubts  have  arisen,  whether  this 
act  of  the  treasurer,  in  receiving  subscriptions  to  said  stock, 
after  the  expiration  of  his  office  hours,  was  conformable  or  re¬ 
pugnant  to  a  strict  construction  of  his  duties,  as  prescribed 
by  said  ordinance:  And  whereas,  the  persons  who  subscribed 
the  five  hundred  and  eighty-five  shares,  as  aforesaid,  have  pro¬ 
posed  to  the  city  councils,  a  voluntary  relinquishment  of  all 
rights  and  obligations  acquired  or  conferred  by  the  aforesaid 
subscriptions : — 

I.  Be  it  ordained  and  enacted ,  Sfc.  That  the  city  treasu¬ 
rer  shall,  upon  demand  made,  and  a  presentment  of  his  re¬ 
ceipts,  refund  to  each  stockholder,  the  sum  of  five  dollars  a 
share,  upon  so  much  of  the  stock  created  by  an  ordinance,, 
entitled  “an  ordinance  for  the  construction  and  management 
of  the  Pittsburgh  gas  works,”  passed  27th  April,  1835,  as 
may  have  been  subscribed  after  3  o’clock,  P.  M.  on  the 
16th  May  last,  and  that  amount  paid  thereon,  being,  as  re¬ 
ported  by  said  treasurer,  five  hundred  and  eighty-five  shares, 
so  subscribed;  and  he  shall,  thereupon,  cancel  his  receipts  is¬ 
sued  for  said  payments. 

II.  That  the  stock  recited  in  the  preceding  section,  to  the 
number  of  Jive  hundred  and  eighty-jive  shares ,  as  aforesaid, 
shall  be  taken  and  retained,  by  the  city  treasurer,  as  so  much 
of  the  stock  under  said  ordinance,  and  the  supplement  there¬ 
to,  passed  16th  May  last,  as  not  yet  subscribed  for,  and  shall 
be  disposed  of  as  is  hereinafter  provided  for. 


GAS  LIGHTS. 


695 


III.  That,  for  the  sale  and  distribution  of  the  said  five  hun-  Stock  to  be 
dred  and  eighty-five  shares  of  stock,  the  city  treasurer  shall  sold  at  auc- 
appoint  one  of  the  commissioned  auctioneers  of  the  city,  to tlon* 

Sell  the  same  at  public  outcry  or  auction,  and  shall  give  pub¬ 
lic  notice,  in  the  daily  newspapers  of  the  city,  that  he  will 
begin  the  sale  thereof,  on  the  8th  day  of  June,  inst.  at  10 
o’clock,  A.  M.  at  his  office,  on  Fourth  street;  and  the  said  Notice. of ^sale 
treasurer,  together  with  a  joint  committee  of  two  from  the  se-  °  e  glven' 
lect,  and  two  from  the  common  council,  shall  assemble  at  the 
place  of  sale,  at  the  time  appointed,  with  the  auctioneer,  and 
shall  superintend  the  sale.  They  shall  cause  the  said  auc¬ 
tioneer  to  set  up  to  sale,  by  public  outcry,  one  share  of  said 
stock,  which  shall  be  disposed  of  to  the  highest  and  best  bidder, 
who  shall  have  the  privilege  of  taking  the  said  one  share  or  Manner  of 

more,  not  exceeding  twenty  shares,  at  the  price  bid  for  the 86  ing  9  oc  * 
same ;  and  the  purchaser  shall  thereupon  pay  to  the  treasurer, 
the  premium  or  advance  above  the  par  value  of  the  share  or 
shares,  (if  such  premium  shall  be  obtained,)  and  five  dollars, 
in  addition,  on  account  and  in  part  of  each  share,  and  shall 
then  be  entitled  to  subscribe  for  such  purchased  stock :  Pro-  ^ot  be  goJd 
vided ,  That  the  auctioneer  shall  not  accept  of  any  bid,  at  less  atlessthanpar. 
than  the  par  value  of  said  stock. 

IV.  That  the  said  treasurer  and  committee,  or  a  majority 
of  them,  shall  proceed  to  sell  the  said  stock,  in  the  same  man¬ 
ner,  from  day  to  day,  continuously,  Sundays  excepted,  until 
the  whole  five  hundred  and  eighty-five  shares  shall  be  dis¬ 
posed  of.  A  full  and  correct  statement  of  the  sale,  un-  Returns  of  sale 
der  oath  or  affirmation,  shall  be  rendered,  by  said  auctioneer,  to  be  made  on 
to  the  select  and  common  councils,  at  their  next  meeting  af- oat^* 

ter  closing  said  sale,  and  the  said  auctioneer  shall  declare,  to 
the  best  of  his  knowledge  and  belief,  that  the  said  sale  has 
been  fairly  and  honestly  conducted,  without  any  collusion 
between  the  said  auctioneer  and  any  person  or  persons,  other¬ 
wise  than  by  the  means  authorized  by  this  ordinance.  And  procoe(js  Qf 
the  proceeds  of  said  sale,  over  and  above  the  par  value  of  the  sale  to  be  paid 
stock,  first  deducting  the  reasonable  expenses  of  such  sale,  into  the  city 
shall  be  retained  in  the  treasury,  and  accounted  for  by  the  treasury, 
treasurer  as  other  revenues  of  the  city. 

V.  That  the  fourth  section  of  an  ordinance,  entitled  “an  pepeal  of  for- 
ordinance  for  the  construction  and  management  of  the  Pitts-  mer  ordinan- 
burgh  gas  works,”  passed  the  16th  May,  1835,  be  hereby  re-  ces. 
pealed. 

Passed  1st  June,  1835;  and  recorded  3d  June,  1835,  in  Book  A.  pages 
212 — 13. 


696 


CANAL  BRIDGE. 


CHAPTER  CCIV. 

An  Ordinance,  supplementary  to  an  ordinance,  entitled  “  An  ordi¬ 
nance  for  raising  money  by  loan,”  &c.  passed  the  29th  day  of 
November,  1834,  and  a  supplement  thereto,  passed  the  18th  Feb¬ 
ruary,  1835. 

I.  That  the  mayor  and  city  treasurer  be  hereby  authorized 
and  instructed  to  issue  certificates  to  the  lenders,  under  the 
Certificates  Gf  Prov*s^ons  °f  the  ordinances  to  which  this  is  a  supplement,  in 
$1000  each  to  sums  of  one  thousand  dollars  each,  which  certificates  shall  be 
be  issued  by  tranferable  in  the  city  of  Philadelphia,  at  the  Bank  of  Pennsyl- 
the  mayor.  vania,  in  the  presence  of  the  president  or  the  cashier  thereof; 

and  the  semi-annual  interest  on  said  certificates,  shall  be  made 
payable  at  said  bank,  to  the  legal  holders  thereof,  or  their  re¬ 
presentatives. 

Repeal  of  part  That  so  much  of  the  ordinances  to  which  this  is  a  sup- 
of  chap.  191,  plement,  as  authorizes  the  interest  to  be  made  payable  at  the 
ante ,  p.  675.  Schuylkill  Bank,  and  requires  transfers  of  the  certificates  of 
the  loan  to  be  made  in  the  presence  of  the  cashier  of  said  bank, 
be  and  the  same  is  hereby  repealed.44 

Passed  19th  June,  1835;  and  recorded  29th  June,  1835,  in  Book  A. 
page  214. 


CHAPTER  CCV. 

An  Ordinance  granting  permission  to  erect  a  bridge  over  the  canal 
at  or  near  Washington  street. 

I.  That  Harmar  Denny  be,  and  he  is  hereby  authorized  to 
erect  a  bridge  over  the  canal,  at  or  near  Washington  street,  of 
such  form  and  dimensions  as  may  be  prescribed  or  approved  by 
thecanal  to  be  cana^  commissioners,  or  by  the  chief  engineer  of  the  west- 
built  by  H.  ern  division  of  the  Pennsylvania  canal :  Provided ,  however , 
Denny,  at  his  That  the  city  shall  not,  by  this  ordinance,  incur  any  liabilities 
own  expense,  for  the  construction,  preservation  or  repair  of  said  bridge :  And 
provided ,  also ,  That  the  western  abutment  of  said  bridge  shall 
be  constructed  in  such  form  and  of  such  grade  as  shall  be  di¬ 
rected  by  the  recording  regulator. 

Passed  29th  June,  1835;  and  recorded  8th  July,  1835,  in  Book  A. 
pages  214 — 15. 

4  4  See  chap.  191,  ante ,  p.  675,  passed  29th  November,  1834,  and  the  notes  and 
references  appended  thereto;  and  chap.  194,  ante ,  p.  679,  passed  18th  February, 
1835;  and  also  statement,  post,  in  the  appendix,  entitled  “Public  Loans  and  City 
Debt .” 


ACT  OF  ASSEMBLY 


697 


ACT  OF  ASSEMBLY. 

A  farther  supplement  to  the  ant,  entitled  ‘‘An  art  to  incorporate  the 

city  of  Pittsburgh,  and  for  other  purposes.” 

I.  Be  it  enacted,  fyc.  That  the  select  and  common  conn-  gp]prt  ^  cr>m 
cils  of  the  city  of  Pittsburgh  may,  whenever  they  deem  it  n>  councils  may 
cessary,  confer  upon  the  mayor  and  aldermen  of  su'd  city,  the  confer  power 
jurisdiction,  power  and  authority  to  recover  surnm  irily  or  by  ulHin  Vie  may* 
pm  d  action,  as  the  c;se  rn  ty  be,  any  fines  and  forfeitures  in-  f()  recover 
dieted  for  ths  violation  of  the  provisions  of  any  ordinances  fiaes> 
which  hive  been  or  m  \y  here  ;f  er  be  enacted  and  ordained 
by  said  councils  for  the  government,  of  said  city:  Provided,  Proviso. 
Slid  fines  and  forf  itures  do  not  exceed  one  hundred  dollars: 

And  provided  further,  That  in  all  summary  convictions  tin-  2d  proviso, 
der  ordinances  where  fines,  forfeitures  or  imprisonment  are 
inflicted,  the  person  or  peisons  convicted  may  appeal  to  the 
next  term  of  the  mayor’s  court  of  said  city  within  ten  days 
after  conviction,  on  entering  s mnrity  approved  by  the  mayor 
or  alderrmn  before  whom  ihe  conviction  has  been  entered. 

VII.  The  aldermen  and  justices  of  the  peace  of  every  city,  Aldermen  &c 
incorporated  township  and  borough  in  th  s  commonwealth,  of  every  city, 
shall  have  power  to  hear  and  determine  all  actions  of  debt  Arc.  shall  have 
for  pen  dy,  for  the  breach  of  any  ordinance,  by-law  or  regu- P()^r^  h!"ar 
lation  of  such  city,  township  or  borough,  in  the  same  manner,  aj[  actions' of 
and  subject  lo  the  sime  right  of  appeal  as  d  bts  under  one  debt,  &c. 
hundred  dollars,  and  such  actions  sh  >11  he  instituted  in  the 
corporate  nuns  of  such  city,  township  or  borough. 

V til.  All  children  who  may  be  deemed  by  the  officers  of  ^  ^an  as 
the  Orphan  Asylum  Society  of  Pittsburgh  and  Allegheny,  fit  lun/sodety^f 
objects  of  their  care  and  bounty,  may  he  bound  to  the  society  Pittsburgh  and 
by  any  overseer  of  the  poor,  father,  or  mother,  if  the  father  Allegheny, 
be  dead,  absent  or  incompetent,  or  other  individual  having 
authority,  to  bind  the  same  in  like  manner,  and  for  the  like 
number  of  years,  as  is  prescribed  in  the  general  law,  in  rela¬ 
tion  to  apprentices,  and  the  society  shall  in  such  indenture 
come  under  the  obligations  usual  in  such  cases;  and  the  said 
society  in  all  cases  where  children  under  their  care  become, 
in  the  opinion  of  its  officers,  of  proper  age  and  qualifications 
to  be  apprentices,  to  learn  some  occupation  not  taught  with¬ 
in  its  walls,  shall  have  power  under  its  official  seal,  and  by  and 
with  consent  of  the  child,  to  bind  them  to  suitable  persons  to 
learn  such  trade,  calling  or  business  as  may  be  prescribed  in 
the  indenture  of  apprenticeship. 

IX.  The  third,  fourth,  fifth  and  sixth  sections  of  the  act  Certain  sects, 
entitled  “an  act  relative  to  certain  streets,  alleys  and  public  act  °f  1833 
landings  in  the  county  of  Philadelphia,  and  in  the  city  °^opteenrin^d|?t^ 
Pittsburgh,  and  for  other  purposes,”  passed  the  sixth  day  of  change  alley 
April,  Anno  Domini,  one  thousand  eight  hundred  and  thirty-  in  Pittsburgh. 

109 


698 


ACT  OF  ASSEMBLY. 


#  For  act  of  three,  be  and  the  same  is  hereby  extended  and  put  in  full  force 
6tb  April,  1833,  and  authority  to  the  opening  of  Exchange  alley,  in  the  city 
rnR  a^t6’  page  °**  P,Usburgh,  from  Hand  street  to  Irwin’s  alley,  twenty  feet 
wide,  excepting  and  preserving  to  A.  L.  Kerr  and  N.  \V.  Prest^ 
ley,  so  much  of  the  said  alley  as  their  brick  buildings  now 
stand  on,  so  long  as  the  said  buildings  do  stand.* 

X.  The  court  of  quarter  sessions  of  the  county  of  Alle¬ 
gheny,  on  being  petitioned  shall,  and  they  are  hereby  autho¬ 
rized  to  grant  a  view  for  the  purpose  of  ascertaining  the  pro¬ 
priety  of  opening  and  extending  Sixth  from  Grant  street  to 
Co  1  lane,  Wylie  street  to  Grant  street,  or  some  other  street 
Court  of  Q,  S  within  said  city,  to  be  designated  by  the  viewers  to  he  ap- 
of  Allegheny  pointed  by  the  s  tid  court  ;  and  High  street,  from  Coal  lane 
authorized  to  to  the  Farmers  and  Mechanics’  turnpike  road,  at  some  point 
grant  a .  v,e^  near  the  port  glass  works,  and  in  open  court  to  order 
exteaniTn^Gth  inc*  aPP°int  nine  discreet  and  disinterested  freeholders,  who 
street,  &c.  after  being  sworn  or  affirmed,  shall,  together  with  the  com¬ 
missioners  of  the  county  of  Allegheny,  for  the  time  being,  or 
a  majority  of  them,  view  the  ground  proposed  to  be  opened 
for  said  streets,  and  if  they  or  any  ten  of  them  view  the  said 
ground,  and  any  seven  of  them,  including  one  or  more  of  the 
county  commissioners,  agree  that  there  is  occasion  for  said 
streets  to  be  opened,  they  shall  proceed  to  lay  out  the  same  as 
agreeably  to  the  prayer  of  the  petitioners  as  may  be,  in  such 
manner  as  to  do  the  least  injury  to  private  property,  and  shall 
m  ike  report  thereof  to  the  next  court  of  quarter  sessions; 
and  if  t  he  said  court  shall  approve  of  the  same,  it  shall  be  en¬ 
tered  on  record,  and  thenceforth  shall  be  deemed,  taken  and 
allowed  to  be  public  streets  and  highways:  Provided ,  That 
no  order  for  the  opening  of  the  same,  shall  be  granted  by  the 
said  court,  unt  il  compensation  shall  first  be  made  or  tendered 
to  the  owners  of  the  ground  or  property  injured  by  the  open¬ 
ing  and  extending  of  slid  streets. 

Viewers  to  in-  XI.  The  said  viewers  or  any  seven  of  them,  shall  inquire 
quire  into  da- what  damages  any  individual  or  individuals  shall  or  may  sus- 
mages  sustain-  tain  by  opening  and  extending  said  streets  and  highways,  and 
sh  11  make  a  fair  estimate  of  the  same,  and  shall  also  inquire 
to  whom  the  opening  of  the  said  streets  and  highways  shall 
be  a  benefit,  and  shall  apportion  and  assess  the  amount  of  da¬ 
mages  so  found  upon  and  among  the  said  individuals  so  be¬ 
nefited,  fairly  and  equitably  in  proportion  to  the  benefit  re¬ 
ceived  therefrom,  and  the  value  of  their  property  adjacent  to 
the  said  streets  and  highways;  and  the  said  viewers  shall  file 
the  said  apportionment  and  assessment  in  the  said  court,  and 
on  being  approved  by  the  said  court  shall  be  entered  and  re¬ 
corded  at  large  upon  the  docket  thereof,  and  shall  bind  and 
conclude  all  parties  owning  or  claiming  to  own  the  property 
adjudged  by  the  said  viewers  to  be  so  benefited  by  the  open¬ 
ing  of  the  said  streets  and  highways ;  and  the  sums  so  assetfs- 


Proviso. 


cd. 


ACT  OF  ASSEMBLY. 


699 


ed  and  apportioned  shall  be  and  remain  a  lien  upon  the  pro* 
perty  ad j  cent  to  ihe  sa  d  streets  and  highways  of  the  owners 
so  adjudged  to  be  benefited  as  aforesaid,  until  the  s  'me,  to¬ 
gether  with  the  costs,  shall  have  been  paid  or  tendered  to  the 
individual  or  individuals  entitled  to  receive  the  same. 

XII.  If  any  individual  or  individuals  assessed  as  aforesaid,  Individuals  as- 

shall  neglect  or  refuse,  after  sixty  days  notice  of  the  approval  sessed  neglect 
by  the  said  court  and  a  demand  made,  to  pay  the  sum  assess-  aP' 

ed  and  apportioned  to  be  paid  by  him,  the  said  court  shall  and  [.ourl  co,irt 
may  at  any  time  after  the  expiration  of  the  said  sixty  days  is-  shall  issue  scire 
sue  a  scire  facias  in  the  name  of  the  commonwealth,  for  the  facias. 

use  of  such  individual  or  individuals,  who  shall  after  the  no¬ 
tice  aforesaid,  neglect  or  refuse  to  pay  the  sum  assessed  and 
apportioned  upon  him,  commanding  him  or  them  to  appear  be¬ 
fore  the  said  court  on  a  day  therein  to  be  named,  to  show  the 
cause  why  the  same  should  not  be  levied  of  his  goods  and 
chattels,  lands  and  tenements,  with  the  costs  thereof;  and 
the  said  court,  unless  sufficient  cause  "be  shown,  shall  and  they 
are  hereby  authorized  to  issue  an  execution  and  levy  the  same 
in  the  same  manner  that  judgments  in  civil  actions  are  levied. 

XIII.  As  soon  as  the  costs  and  damages  so  assessed  and  Street*  and 
apportioned  shall  be  paid  and  tendered  to  the  individual  enti-  highwaystobe 
tied  to  receive  the  same,  the  said  court  shall  order  the  said  °Pened* 
streets  and  highways  to  be  opened,  and  they  shill  thenceforth 

be  subject  to  the  same  rules  and  regulations  as  other  streets 
and  highways  in  the  said  city  and  county  are. 

XIV.  The  costs  shall  be  regulated  as  the  costs  of  similar  Costs  how 
proceedings  under  the  laws  for  making  and  repairing  roads  regulated. 

in  this  commonwealth. 

Passed  15th  April,  1835.  See  Pamph.  laws  of  Pa.  sess.  of  1834-35. 

Note. — The  passage  of  the  1st  and  7th  sects,  of  this  act  of  assembly  were  deemed 
necessary  in  consequence  of  the  decision  of  the  supreme  court,  at  Lancaster  dis¬ 
trict,  November  term,  1831,  in  the  case  of  Barter  against  The  Commonwealth,  in 
which  it  was  decided: — 

1.  That  the  government  of  every  incorporated  town,  has  a  right  to  improve  the 
streets,  for  public  purposes,  whether  as  highways,  or  places  for  cisterns  or  well*. 
The  practice  for  the  inhabitants  to  sink  wells  in  the  streets,  is  by  sufferance,  and  is 
subject  to  the  corporate  franchise.  The  title  of  the  corporation  to  the  soil,  for  uses 
that  conduce  to  the  public  enjoyment  and  convenience,  is  paramount  and  exclu¬ 
sive;  and  no  private  occupancy,  for  whatever  time,  and  whether  adverse  or  by 
permission,  can  vest  a  title  inconsistent  with  it. 

2.  That  a  by-law  or  ordinance,  of  a  city  corporation,  which  enacts  a  penalty  for 
a  misdemeanor,  with  imprisonment,  in  default  of  payment,  ou  conviction  by  the 
mayor  or  an  alderman,  is  void.  The  charter  of  the  city  of  Lancaster ,  [which  is  in 
all  respects  similar  to  the  charter  of  the  city  of  Pittsburgh,']  does  not  confer  upon 
the  councils  the  right  to  vest  m  the  mayor  and  aldermen  jurisdiction  to  convict 
summarily,  or  to  entertain  an  action  of  debt  for  a  penalty.  If  the  charter  did  give 
the  right  to  confer  a  power  to  imprison,  on  summary  conviction,  and  without  ap¬ 
peal  to  a  jury,  it  would  be  so  far  unconstitutional  and  void. 

3.  'That  jurisdiction  is  expressly  given  to  the  mayor's  court,  [of  Laneaster  and 
Pit  sburgh.]  for  the  recovery  of  fines,  forfeitures,  penalties,  debts,  and  other  de¬ 
mands,  cognizable  in  the  city  court,”  the  exercise  of  which  stands  clear  of  all  ob¬ 
jections  on  constitutional  grounds.  3  Penrose  Watts1  Reports ,  253—62. 


700 


GAS  LIGHTS. 


CHAPTER  CCVI. 

An  Ordinance  providing  for  the  recovery  of  fines,  forfeitures,  and 
penalties. 

I.  That  from  and  after  the  passage  of  this  ordinance,  the 
Ma  or  and  mnyor  anc^  aldermen  of  the  said  cit  v,  shall  have  full  jurisdic- 
alder  men  au-  t‘°n’  Power  and  authority,  to  recover,  either  summarily  by 
thorized  to  re- conviction,  or  by  p  n  il  action,  as  the  case  may  be,  all  and 
cover  fines,  any  fine  or  fines,  forfeiture  or  forfeitures,  directed  to  be  in- 
forfeitures  and  fjjcted  or  imposed,  for  the  violation  of  any  of  the  provisions 
pena  les.  Qf  any  of.  the  ordin  inces  of  the  s  lid  cily,  which  have  been 
heretofore  enacted  and  ordained  by  the  councils  for  the  go¬ 
vernment  of  the  said  city,  according  to  the  true  intent  and 
meaning  of  the  act  of  assembly  of  this  commonwealth,  enti¬ 
tled,  u  a  further  supplement  to  the  act  entitled  ‘an  act  to  in¬ 
corporate  the  city  of  Pittsburgh,  and  lor  other  purposes,’” 
passed  on  the  15th  day  of  April,  one  thousand  eight  hundred 
and  thirty  five.45 

Passed  29th  June,  1835;  and  recorded  23d  July,  1835,  in  Book  A. 
page  215. 


CHAPTER  CCVII. 

An  Ordinance  to  confirm  the  purchase  of  a  lot  of  ground  for  the 
Pittsburgh  gas  works,  and  for  raising  the  fund  to  make  payment 
therefor. 

Loan  to  be  I.  That,  for  the  purpose  of  carrying  into  effect  a  contract 
obtained  of  made  by  the  trustees  of  the  Pittsburgh  gas  works,  for  the  pur- 
fnk000tTy  chase  of  a  lot  of  ground  from  John  Maitland,  for  the  use  of 
ground?  °  sa^  wo,'ks,  the  mayor  is  hereby  authorized  to  obtain  upon 
loan,  in  the  name  and  on  behalf  of  the  mayor,  aldermen  and 
citizens  of  Pittsburgh,  the  sum  of  eleven  thousand  dollars,  at 
^  a  rate  of  interest  not  exceeding  five  per  cent,  per  annum, 
er'oent^to  be  Paya^e  half  yearly,  on  the  first  days  of  January  and  July,  at 
pai d°h a ! f  y e ar?  the  office  of  the  city  treasurer,  or,  as  the  lender  may  elect,  at 
}y.  the  Bank  of  Pennsylvania,  in  the  city  of  Philadelphia:  and  fur 

said  loan,  certificates  of  one  thousand  dollars  each,  shall  be 
issued  in  the  usual  form,  and  made  transferable  by  endorse- 
Certificates  to  ment  thereon,  at  ihe  office  and  in  the  presence  of  the  treasu¬ 
re  issued  and  rer  of  Ihe  city,  or  at  the  afores  aid  Bank  of  Pennsylvania,  in 
loan  redeema-the  presence  of  the  president  or  the  cashier  thereof:  and  said 
ble  in  1855.  certificates  shall  not  be  redeemed  or  paid,  without  the  con- 

45  Til’s  ordinance  was  passed  in  pursuance  of  the  directions  of  the  1st  and  7th 
sects,  of  the  act  of  assembly  •>(  the  I5th  of  April.  1835,  entitled  “a  further  supplement 
to  the  act  entitled  ‘  an  act  to  incorporate  the  city  of  Pittsburgh,  and  for  other  purpo¬ 
ses.’”  See  Pamph.  Laws  of  Penn.  sess.  1834 — 5,  p.  291 — 95:  and  ante,  p.  697 — 99. 


LANDINGS,  &e. 


701 


sent  of  the  holders  thereof,  before  the  first  day  of  July,  one 
thousand  eight  hundred  and  fifty-five. 

II.  That  the  money  so  borrowed,  shall  he  paid  to  the  city  Tobeexclu- 
treasurer,  and  shall  be  applied  by  him,  under  a  written  requi-sjve|y  applied 
sition  s:gned  by  the  mayor  and  by  the  city  solicitor,  exclusive-  to  pay  for  a  lot 
ly  to  the  payment  of  the  purchase  money  for  said  lot  of  ground,  of  ground. 

III.  That  the  faith,  credit,  funds  and  corporate  property  of 

the  city  be,  and  they  are  hereby  solemnly  pledged  for  the  pe^ty° nidged 
amount  hereby  authorized  to  be  borrowed,  and  for  the  pay- for  payment, 
roentof  the  interest  of  the  same,46 

Passed  27th  July,  1835;  and  recorded  29th  July,  1835,  in  Book  A. 
pages  215 — 16. 


CHAPTER  CCVIII. 


An  Ordinance  repealing  an  ordinance  entitled,  “An  ordinance  res¬ 
pecting  landings  and  depositing  building  materials,  near  the  Mo- 
nongahela  bridge.” 


I.  That  the  ordinance  entitled,  “  An  ordinance  respecting  ^ 
landings  and  places  for  depositing  building  materials  near  the  ^^*156  ante 
Monongnhela  bridge,”  passed  23d  January,  1S32,  be,  and  the  p.  580-til. 
same  is  hereby  repealed.47 


Passed  27th  July,  1835;  and  recorded  18th  August,  1835,  in  Book 
A.  page  216. 


CHAPTER  CCIX. 

An  Ordinance,  for  the  better  regulation  of  the  market  in  the  Dia¬ 
mond. 

I.  That  for  the  better  regulation  of  the  market  in  the  Dia¬ 
mond,  and  for  the  safety  and  convenience  of  the  citizens  who 
frequent  it,  chains  be  extended  at  a  proper  height  from  the 

46  The  purchase  of  this  lot  of  ground  is  authorized  by  the  7th  section  of  chap. 
198,  ante ,  p.  685,  passed  27th  April,  1835,  which  see,  and  the  notes  and  references 
appended  thereto.  But  by  the  4th  sect,  of  chap.  216,  post,  passed  on  the  29th  Feb¬ 
ruary,  1836,  the  whole  of  this  ordinance,  (except, perhaps,  the  implied  confirmation 
of  the  purchase.)  is  entirely  repealed.  See,  also,  statement,  post,  in  the  appendix, 
entitled  “ Public  Loans  and  City  Debt  ” 

47  The  ordinance  hereby  repealed,  chap.  156,  ante ,  p.  580 — 81,  contained  no  li¬ 
mitation  as  to  time,  but  having  been  passed  for  a  temporary  purpose,  namely,  the 
accommodation  of  the  stockholders  of  the  Monongahela  bridge,  during  the  re¬ 
building  of  the  two  arches  thrown  down  on  the  1 4th  January,  1832,  was  reported 
by  the  recorder  of  the  city  on  the  27th  of  M*y,  1833,  (the  repair  of  the  bridge  being 
entirely  completed.)  to  be  obsolete.  Difficulties,  however,  occurring  with  regard  to 
the  continued  occupation  of  the  river  bank,  in  an  unlawful  manner,  and  the  per¬ 
sistence  of  boatmen  to  occupy  the  landings  laid  off  for  ferry  boats,  Ac.  near  Wood 
and  Grant  streets,  it  was  deemed  advisable  to  pass  the  ordinance  in  the  text. 


702 


GENERAL  ELECTIONS  AND  CITY  WARDS. 


Chains  to  be  corner  °f  the  south  wing  of  the  market  house,  to  the  corner 
placed  across  now  occupied  as  the  Dispens  iry;  also  from  the  corner  of  the 
certain  streets  north  wing,  to  the  east  corner  of  the  Diamond  and  Market 
bounded^  by 

street,  and  across  Diamond  and  Market  alleys,  at  their  en- 

house  mar  61  trance  into  the  Diamond ;  and  that  a  penally  not  exceeding 

five  dollars  be  imposed  on  any  person  or  persons,  riding  dri- 

T3  f  ving  or  leading,  any  horse  or  other  animal,  within  the  space  so 

tv?  enclosed,  between  the  hours  of  6  and  10  o’clock,  A.  M.  of 
breach  ot  this  ’  .  .  ,  ,  ..  ,  , 

ordinance.  any  market  day :  said  penalty  to  be  collected  by  the  mayor, 
or  any  of  the  aldermen  of  the  city,  either  by  summary  convic¬ 
tion  or  action  of  debt. 

Passed  27th  July,  1835;  and  recorded  18th  August,  1835;  in  Book 
A.  page  217. 


CHAPTER  CCX. 

An  Ordinance  for  changing  the  place  of  holding  the  general  and 
city  elections  for  the  North  Ward. 

I.  That  hereafter  the  election  for  state  and  county,  as  well 

ia t elections fn  as  ^or  °fficers>  °f  the  North  ward,  shall  be  held  at  the  house 

North  ward  on  the  south  west  corner  of  Penn  and  St.  Clair  streets,  now 
changed.  occupied  by  James  Armstrong. 

II.  That  so  much  of  the  existing  ordinances  as  is  hereby 
altered,  be,  and  the  same  is  hereby  repealed.48 

Passed  31st  August,  1835;  and  recorded  8th  September,  1835,  in 
Book  A.  page  217. 


ACT  OF  ASSEMBLY. 

A  supolement  to  an  act  incorporating  the  city  of  Pittsburgh,  passed 
the  18th  day  of  March,  one  thousand  eight  hundred  and  sixteen. 

«  .  .  I-  Be  it  enacted ,  See .  That  the  members  of  the  select  and 

beiect&com.  ’  •>  .  „ 

councils  to  di-  common  councils  ot  the  city  ot  Pittsburgh  shall,  on  the  first 
vide  the  city  Tuesday  of  January  next,  and  yearly  thereafter,  meet  together 
into  4  wards.  an(j  divide  the  said  city  of  Pittsburgh  into  four  wards  or  dis- 
tricts,  so  as  to  m  ike  the  number  of  taxable  inhabitants  of 
be  as  nearly  e-eac“  ward  of  said  city,  as  nearly  equal  as  may  be;  and  the 
qual  asmay  he.  select  and  common  council  for  the  time  being,  are  hereby  au- 
Councils  to  fix  thorized  and  required  to  fix  the  places  of  holding  all  general 

*8  This  ordinance  is  obsolete,  being  supplied  by  chap.  21 1  ,post,  p.704-5,  passed  5th 
January,  1836,  entitled  “an  ordinance  to  divide  the  city  into  wards  or  districts,  and 
for  other  purposes.”  That  ordinance,  (chap.  21 1,)  was  passed  in  pursuance  of  the 
directions  of  an  act  of  assembly,  entitled  “  a  supplement  to  an  act  incorporating  the 
city  of  Pittsburgh,  passed  the  18th  day  of  March,  1816,”  is  now  the  only  one  in 
force  with  respect  to  the  boundaries  of  wards,  and  the  places  of  holding  the  general 
as  well  as  city  elections. 


ACT  OF  ASSEMBLY. 


703 


and  city  elections  for  the  said  wards,  and  not  elsewhere;  and  the  places  for 
to  change  the  san  e  as  often  as  public  convenience  may  re-  holding  elec- 
quire;  and  it  shall  not  be  lawful  for  any  inhabitant  of  said  city  Uons< 
to  vote  at  any  of  said  elections,  except  within  the  ward  where¬ 
in  he  resides. 

II.  That  the  freemen  of  each  ward  of  said  city,  qualified  to 
vote  for  members  of  the  House  of  Representatives  of  this  Com¬ 
monwealth,  shall  meet  together  in  their  respective  wards  on  Citizens  to  e- 
the  second  Tuesday  of  January,  and  yearly  thereafter,  and  lect  1  person 
elect,  by  ballot,  one  person  in  each  and  every  ward,  qualified  to  select  and  5 
to  serve  as  members  of  the  House  of  Representatives  of  this  ^"^ach*111" 
Commonweal'll,  to  be  a  member  of  the  select  council,  and  war(j. 

who  shall  hold  his  office  for  the  term  of  three  years;  and  five 
persons  qualified  as  aforesaid,  in  each  and  every  ward,  to  be 
members  of  the  common  council,  who  shall  hold  their  office 
for  the  term  of  one  year. 

III.  That  the  citizens  of  said  wards  shall,  on  the  second  Citizens  to 
Tuesday  in  January  next,  and  on  the  same  day  yearly  there-  elect  the  may- 
after,  elect,  by  ballot,  one  of  ihe  aldermen  of  said  city,  or  any  or- 

citizen  of  the  said  city  qualified  to  be  elected  a  member  of 
the  House  of  Representatives  of  this  Commonwealth,  to  be 
mayor  of  said  city,  whose  duty  it  shall  be  to  promulgate  the 
by-laws,  rules  and  ordinances  of  the  corporation,  and  specially 
to  attend  to  the  due  execution  and  fulfilment  of  the  same,  and 
who  shall  be  entitled  to  receive,  hold  and  enjoy,  all  the  l^ofumen ts”^ 
emoluments  which,  by  the  laws  and  ordinances  of  the  corpor¬ 
ation,  may  then  or  hereafter  be  annexed  or  attached  to  the  of¬ 
fice  of  mayor;  and  the  mayor  elect  shall  take  a  solemn  oath 
or  affirmation,  before  the  president  or  an  associate  judge  of  To  take  an 

the  court  of  Common  Pleas  of  Allegheny  county,  or  the  re-0®.**1  oratfirm- 

o  j  j  /  sition 

corder  of  the  said  city  for  the  time  being,  well  and  faithfully 

to  execute  the  office  of  said  city,  and  shall  thereupon  enter 

upon  and  perform  the  duties  of  the  said  office  without  any  successor  is  e- 

other  or  further  commission,  and  shall  continue  in  office  until  lected. 

a  successor  shall  be  duly  elected  and  qualified;  and  in  cases 

of  the  death,  resignation,  or  removal  of  the  mayor,  or  olher  Vacancies  to 

vacancy  in  the  office,  such  vacancy  shrill  be  filled  by  a  new  be  filled  by  the 

election,  for  the  remainder  of  his  term  in  office,  by  the  said  councils. 

councils,  within  fifteen  days  thereafter,  and  at  least  ten  days 

notice  shall  be  given  in  the  public  newspapers  of  said  city,  of 

the  time  of  holding  the  same:  Provided ,  That  no  member,  Proviso. 

for  the  time  being,  of  the  select  or  common  council,  shall  be 

eligible  to  the  office  of  mayor. 

IV.  That  so  much  of  the  second  section  of  a  law  passed  2d  sect,  of  the 

the  eighteenth  day  of  March,  eighteen  hundred  and  sixteen,  act  of  March 
relating  to  the  classification  of  the  members  of  the  select  1816,  alter- 
council  of  the  city  of  Pittsburgh,  shall  be  so  altered,  as  that  See  ante ’ 

the  seats  of  the  first  class  that  will  be  vacated  on  the  first 

Tuesday  of  January  next,  shall  be  filled  by  theelection  of  one 


704 


Repeal. 


WARDS  AND  ELECTIONS. 

from  each  ward,  as  is  provided  in  the  second  section  of  this 
act;  and  the  seats  of  the  second  class,  whose  seats  will  be 
vacated  on  1  ha  first  Tuesd  iy  of  January,  eighteen  hundred 
and  thirty-five,  shall  be  filled  by  the  election  of  four  persons, 
agreeably  to  the  aforesaid  s  jcond  section;  and  the  seats  of  the 
third  class,  whose  seats  will  be  vacated  on  the  first  Tuesday 
of  January,  eighteen  hundred  and  thirty-six,  shall  be  filled  by 
the  election  of  four  persons,  agreeable  to  the  said  second  sec¬ 
tion  of  the  said  act. 

V.  That  so  much  of  the  existing  laws  of  this  Common¬ 
wealth  as  are  hereby  altered,  be,  and  the  same,  and  no  more, 
are  hereby  repealed. 

Passed  28th  Dec.  1833.  See  Pamph.  Laics  of  Pa.  sess.  1833-34. 


CHAPTER  CCXI. 


An  Ordinance  to  divide  the  city  into  wards  or  districts,  and  for  other 
purposes. 

Whereas,  by  an  act  of  the  general  assembly  of  this  com¬ 
monwealth,  passed  the ,26th  day  of  December  1833,  the  se¬ 
lect  and  common  coun'  ils  of  the  city  of  Pit'sburgh  are  re- 
Preamble.  quired  to  meet  on  the  fi  st  Tuesday  of  January,  and  yearly 
thereafter,  and  divide  said  city  into  four  wards  or  districts, 
and  fix  the  places  for  holding  all  general  and  city  elections 
for  the  said  wards,  at  such  houses  as  public  convenience  may 
require,  within  the  bounds  of  the  respective  wards,  and  not 
elsewhere. 

City  divided  I.  Be  it  ordained  and  enacted ,  S$c.  That  from  and  after  the 
into  4  wards,  passage  of  this  ordinance,  the  city  of  Pittsburgh  shall  be  di¬ 
vided  into  four  wards,  in  the  manner  following,  viz: 
Boundaries  of  So  mnc^  the  said  city  as  lies  northwardly  of  the  middle 
North  ward,  of  Liberty  street,  and  eastward ly  of  the  middle  of  Marbury 
street,  shall  be  one  ward,  to  be  called  llie  North  Ward.  So 
much  of  the  said  city  as  is  included  in  the  following  bound¬ 
aries,  viz:  beginning  at  the  middle  of  Liberty  and  Marbury 
streets,  and  running  thence  down  Marbury  street  to  the  Alle¬ 
gheny  river,  thence  along  the  Allegheny  river  to  its  confluence 
Boundaries  of  wjt,h  the  Monongahela  river,  thence  up  the  Monongahela  river 
es  war  .  ^  middle  of  Wood  street,  thence  up  the  middle  of  Wood 

street  to  the  middle  of  Diamond  alley,  thence  up  the  middle 
of  Diamond  alley  to  the  middle  of  Market  street;  thence 
along  down  the  middle  of  Market  street  to  the  middle  of  Lib¬ 
erty  street,  and  thence  down  the  middle  of  Liberty  street  to 
the  place  of  beginning,  shall  be  one  ward,  to  be  called  the 
West  Ward .  And  so  much  of  the  said  city  as  is  included 
in  the  following  boundaries,  viz:  beginning  at  the  foot  of 
Wood  street  on  the  Monongahela  river,  thence  up  the  middle 


CITY  PRINTING. 


705 


of  Wood  street  to  the  middle  of  Diamond  alley,  thence  along  Boundaries  of 

the  middle  of  Diamond  alley  to  the  Farmers’  and  Mechanics’  South  ward. 

turnpike  road,  thence  along  said  road  to  the  city  line,  and 

thence  by  the  same  to  the  Monongahela  river,  thence  down 

said  river  to  the  place  of  beginning,  shall  be  one  ward,  to  be 

called  the  South  Ward.  And  so  much  of  the  said  city  as  lies 

south  of  the  middle  of  Liberty  street,  east  of  the  middle  of  Boundaries  of 

Market  street,  Diamond  alley,  and  the  boundaries  of  the  South  £ast  warci. 

Ward,  above  named,  shall  be  one  ward,  and  be  called  th zEast 

Ward. 

II.  That  from  and  after  the  passage  of  this  ordinance,  the  ^aces  for  hoi 
places  for  holding  all  general  and  city  elections  for  the  res-jt-|ng  e  ectl0ns 
pective  wards  or  districts,  as  described  by  the  first  section  of 
this  ordinance,  shall  be  as  follows: — For  the  North  Ward ,  at  North  ward, 
the  Washington  Coffee  House,  comer  of  Penn  and  St.Clair 
streets.  For  the  West  Ward,  at  the  court,  house  in  the  Dia-  West  ward, 
mond.  For  the  South  Ward ,  at  the  house  now  occupied  by  South  ward. 
William  Alexander,  at  the  corner  of  Smithfield  and  Third 
streets.  For  the  East  Ward,  at  the  house  of  John  Dully,  East  ward, 
corner  of  Fifth  and  Wood  streets.49 

Passed  5th  January,  1836;  and  recorded  26th  January,  1836,  in  Book 
A.  pages  219-20. 


CHAPTER  CCXII. 

An  Ordinance  providing  for  the  publication  of  the  Laws  and  Ordi¬ 
nances  of  the  city. 

I.  That  all  the  laws,  ordinances,  and  regulations,  pas¬ 
sed  by  the  select  and  common  councils  of  the  city  of  Pitts-  Ordinances 
burgh,  since  the  27th  day  of  May,  1833,  and  prior  to  the  J°*)e  published 
present;  term  of  the  city  councils;  and  also  all  acts,  or  parts  fonn^c1^ 
of  acts  of  assembly,  relating  specially  to  the  city,  and  which  ’ 

are  not  contained  in  the  present  published  compilation  of  the 
city  laws,  shall  be  published  in  a  pamphlet  form,  under  the  di¬ 
rection  of  the  presidents  of  the  councils,  and  the  recorder  of 
the  city;  and  that  a  list  of  the  officers  of  the  corporation,  and 
a  statement  of  the  outstanding  city  loans,  be  appended  thereto. 

II.  That  two  hundred  and  fifty  copies  of  the  said  laws,  or¬ 

dinances,  regulations,  and  acts  of  assembly,  shall  be  printed  ^copies  to 
on  a  page  of  the  same  size,  and  be  furnished  with  marginal  jePlinted- 
notes,  references  and  index,  in  like  form  and  manner  with  the  Index  &c  to 
present  published  compilation  of  the  city  laws.  be  added. 

4  9  This  ordinance  was  passed  in  pursuance  of  the  act  of  assembly  of  the  26th  of 
December,  1833,  heretofore  referred  to,  (see  pamph.  laws  of  Pa.  sess.  of  1833-34.  p  4 
and5)andisnowthe  only  ordinance  in  force  respecting  the  boundaries  of  the  wards, 
and  the  places  of  holding  elections  therein — all  other  ordinances  on  these  subject* 
are  virtually  repealed  and  supplied. 

HO 


CITY  PRINTERS. 


706 


Ordinances  to  III.  That  annually  hereafter,  and  as  soon  after  the  dos& 
be  collected  &  0f  each  term  of  the  councils  as  may  be  practicable,  all  the 
pubhshedjm^  taws?  ordinances,  and  regulations  which  may  have  been  pass- 
^  ed  during  the  preceding  term  of  the  city  councils,  and  all  acts 

of  assembly  relating  to  the  city,  passed  during  the  same  pe¬ 
riod,  shall  be  published  in  like  form  and  manner. 

Passed  15th  January,  1836;  and  recorded  22d  January,  1836^ in  Book 
A.  pages  218-19. 


CHAPTER  CCXIIL 


An  Ordinance  increasing  the  amount  of  security  of  the  city  treasurer 

I.  That  from  and  after  the  passage  of  this  ordinance,  the 
city  treasurer  shall  give  bond,  with  two  or  more  sufficient  se- 

Treasurer  to  curities,  to  be  approved  of  by  the  mayor,  recorder,  and  city 
give  bond  in  solicitor,  payable  to  the  mayor,  aldermen,  and  citizens  of  Pitts- 
$20,009.  burgh,  and  their  successors,  in  the  sum  of  twenty  thousand 
dollars,  with  conditions  foi1  the  faithful  performance  of  the 
duties  of  the  office. 

II.  That  so  much  of  any  ordinance  as  is  hereby  altered  or 
supplied,  be  and  the  same  is  hereby  repealed.50 

Passed  19th  January,  1836;  and  recorded  22d  January,  1836,  in  Book 
A,  page  218. 


CHAP  PER  CCXIV. 

An  Ordinance  providing  for  the  appointment  of  city  printers. 

Mayor  to  ad-  I.  That  the  mayor  be,  and  he  is  hereby  authorized  and  re- 
vertisefor  pro-qUjre(]?  within  six  days  after  each  annual  city  election,  to  in- 
Prin' vite  sealed  proposals  for  printing  and  publishing  weekly,  in 
any  of  the  newspapers  of  the  city,  all  ordinances,  city  ac¬ 
counts,  proclamations,  advertisements,  and  other  documents 
and  notices  which  may  be  ordered  for  publication,  by  the  city 
councils,  their  committees,  the  mayor,  treasurer,  or  street 
commissioner:  such  proposals  to  set  forth  the  price  per 

5  o  The  amount  of  the  bond  of  the  treasurer  was  fixed  (previous  to  the  passage  of 
this  ordinance,)  by  the  13th  sect,  of  chap.  1,  passed  20th  July,  1816,  ante,  p.  72-3, 
at  $5000— so  that  almost  twenty  years  had  elapsed  without  any  alteration  in  the 
amount  of  the  treasurer’s  bond,  although  the  responsibility  has  been  gradually  in¬ 
creased  from  less  than  $10,000,  the  amount  in  1816,  to  almost  $85,000  the  amount 
for  1836.  His  salary,  in  1816,  was  fixed  at  $250,  which  has  been  increased  from 
time  to  time  to  $700,  the  present  salary.  The  taxable  inhabitants  of  the  city  pro¬ 
per  have  increased  from  1583,  the  number  in  1816,  to  3296,  the  number  in  1836. 
The  amount  of  the  assessment  or  valuation  of  property,  &c.  has  increased  from 
$3,263,320,  the  amount  in  1816,  to  $4,397,480,  the  amount  in  1836. 


LOANS. 


707 


square,  for  one  or  more  than  one  insertion,  and  to  be  received  Proposals  to 
until  10  o’clock,  A.  M.  on  the  last  Monday  in  January;  at  set  forth  pri- 
which  time  the  mayor  shall  proceed  to  open  said  proposals,  ces,  &c. 
and  there  select  and  appoint  the  two  lowest  and  best  bidders, 
one  of  which  shall  be  publisher  of  a  daily  newspaper,  and  re-  and  "best* 'idd* 
port  the  same  to  the  councils  at  their  next  meeting;  the  per-  ders  to  e|n_ 
sons  thus  appointed  shall,  for  one  year  thereafter,  be  the  only  ployed;  one 
authorized  city  printers  and  publishers  entitled  to  compensa-  the  printer  of  a 
tion  for  city  printing,  unless  otherwise  specially  authorized  by  dai1^  PaPer 
the  city  councils. 

II.  That  the  ordinance  entitled  “an  ordinance  for  the  ap~  Repeal  of 
pointment  of  city  printers,”  passed  February  18,  1835,  be,  chap.  192 
and  the  same  is  hereby  repealed.5 1 

Passed  19th  January,  1836;  but  not  recorded  according  to  law- 


CHAPTER  CCXV. 

An  Ordinance  authorizing  a  committee  to  purchase  the_Neptune  En¬ 
gine  lot,  and  to  pay  for  the  same. 

I.  That  the  committee  on  fire  companies  be,  and  they  are  Lot  to  be  9 
hereby  authorized  to  purchase  from  the  trustees  of  the  Metho-  chased,  now 
dist  Episcopal  church,  for  the  proper  uses  of  the  corporation,  occupied  by 
all  that  certain  lot  or  piece  of  ground  situated  on  the  corner  of the  Neptune 
Seventh  street  and  Miltenberger’s  alley,  on  which  has  been  engme  co 
erected  by  the  city,  for  the  use  of  the  Neptune  fire  engine  and 

hose  companies,  a  brick  building  as  an  engine  house. 

II.  That  the  mayor  be  authorized  to  draw  his  warrant  on  Mayortodraw 
the  treasury  for  the  sum  of  one  thousand  dollars,  the  purchase  his  warrant  for 
money  of  said  lot,  after  receiving  a  written  order  of  said  com-  SW9P9.* 
mittee. 

passed  29th  February,  1836;  and  recorded  4th  March,  1836,  in  Book 
A*  page  221 


CHAPTER  CCXVL 

An  Ordinance  authorizing  the  mayor  to  borrow  thirty  thousand  dol¬ 
lars,  in  order  to  raise  money  to  pay  off  a  loan,  and  for  other  pur¬ 
poses. 

I.  That  the  mayor  is  hereby  authorized  to  give  notice  by 
Jtn  advertisement  in  two  newspapers  of  this  city,  and  also  in 
two  of  the  daily  newspapers  published  in  the  city  of  Philadel- 

6  r  This  ordinance,  chap.  214,  passed  19th  January,  1836,  was  not  recorded  with¬ 
in  the  time  prescribed  by  the  act  of  incorporation,  and  is  therefore  null  and  void; 
leaving  chap.  192,  ante,  p.  678,  passed  18th  February,  1835,  in  full  force. — June 
IM,  1836. 


708 


LOANS. 


Mayor  autho-  phia,  until  the  first  day  of  May  next,  That  he  will,  in  behalf 
rized  to  bor-  Gf  the  mayor,  aldermen  and  citizens  of  Pittsburgh,  at  any 
Se'alfd^  ro^o  ^me  ^8^ore  ^ie  fit'8*  day  of  June  next,  receive  sealed  proposals 
sals  to  be^recei-  f°r  a  l°'in  of  the  whole  or  any  part  (not  less  than,  nor  contain- 
ved  until  1st  of  ing  any  fraction  of  one  hundred  dollars,)  of  the  sum  of  thirty 
June  next.  thousand  dollars,  at  an  interest  of  fi  ve  per  cent,  per  annum, 
payable  half  yearly,  on  the  1st  days  of  January  and  July,  either 
to  b^aid half  at  °®ce  of  the  city  treasurer,  or  at  the  bank  of  Pennsyl- 
yearly.  vania,  or  such  other  place  within  the  city  of  Philadelphia,  as 

the  councils  may  hereafter  by  ordinance  designate,  at  the  op- 
Irredeemable  ^on  die  lenders,  redeemable  (and  not  otherwise,  without 
until  1870.  the  consent  of  the  lenders  or  their  assigns,)  on  the  first  day  of 
Certificates  of^u^’  1^70;  for  which  certificates  under  the  seal  of  the  corpor¬ 
al  00  each,  to  ation  shall  be  issued  in  sums  of  one  hundred  dollars  each,  or, 
be  issued.  at  the  option  of  the  lenders,  in  sums  of  a  greater  amount; 

which  proposals,  shall  express  the  sum  which  the  offerers  re¬ 
spectively  are  willing  to  contract  to  pay  for  every  hundred 
dollars  of  certificates. 

be^openeVon  That  011  ^ie  ^rst  day  J,me  n8xt?  the  mayor  shall  pro* 
the  1st  of  June,  ceed  to  open,  in  the  presence  of  the  treasurer  and  a  majority 
of  the  committee  of  finance,  all  the  sealed  proposals  receiv- 
Mayor  to  give  ed  by  him  for  said  loan;  whereupon  they  shall  determine  the 
notice  to  per- proposals  to  be  accepted,  and  the  mayor  shall  forthwith  give 
sons  whose'  notice  of  the  proposals  so  accepted  to  the  person  or  persons  by 
proposals  are  wjjom  they  shal[  have  been  made,  who,  upon  complying  with 
ccep  ‘  the  terms  by  ihem  respectively  offered,  and  paying  the  amount, 
Amt.  subscri-  with  the  advance,  if  any,  into  the  city  treasury,  on  or  before 
bed  to  be  paid  t^e  flrst  of  July  next,  shall  receive  a  certificate  or  certifi- 
1st  J°ulv  1836*  cales  t0  the  amount  of  their  respective  loans,  to  be  signed  by 
the  mayor  and  countersigned  by  the  treasurer  of  the  city. 
Certificates  of  which  certificates  shall  be  transferable  by  endorsemen  tthere- 
stock  transfer- on,  made  in  the  presence  of  the  treasurer  of  the  city,  or  in  the 
ahle*  presence  of  the  cashier  of  the  bank  of  Pennsylvania,  or  such 

other  parson,  within  the  city  of  Philadelphia,  as  the  councils 
may  hereafter  designate. 

Property,  &c.  IJI.  That  the  faith,  credit,  funds,  revenue  and  corporate 
°f  TTc^for  °n  ProPerty  the  city,  he  and  they  are  hereby  solemnly  pledged 
payment.  for  the  payment  of  the  sums  hereby  authorized  to  be  borrow¬ 
ed  as  aforesaid,  and  for  the  interest  of  the  same. 

Ord.  chap. 207  .  IV.  That  so  much  of  an  ordinance  passed  on  the  27th  day 
repealed  in  0f  July,  1835,  as  authorized  the  mayor  to  negotiate  a  loan, 
for  eleven  thousand  dollars,  to  pay  for  the  purchase  of  a  lot 
from  John  Maitland,  be  and  the  same  is  hereby  repealed.52 

Passed  29th  February,  1836;  and  recorded  4th  March,  1836,  in  Book 
A.  page  221 — 22. 


part. 


5  2  This  Ordinance  wholly  repeals,  (except,  perhaps,  the  implied  confirmation  of  the 
purchase,  by  the  trustees  of  the  Pittsburgh  Gas  Works,”  of  the  lot  of  ground  from 
John  Maitland,  for  the  sum  of  $11,000,)  the  ordinance,  chap.  207,  ante,  p.  700, 
entitled  “An  ordinance  to  confirm  the  purchase  of  a  lot  of  ground  for  the  Pittsburgh 


ASSESSMENTS,  &c. 


709 


CHAPTER  CCXVII. 

A  further  supplement  to  an  ordinance,  entitled  “An  ordinance  es¬ 
tablishing  the  salaries  and  compensations  of  the  mayor  and  sundry 
other  officers  of  the  city  of  Pittsburgh.” 

I.  That  from  and  after  the  passage  of  this  ordinance,  the 
yearly  salary  of  the  mayor  shall  be  eight  hundred  dollars— 

that  the  yearly  salary  of  the  treasurer  shall  be  seven  hundred  Salaries  of 
dollars — that  the  yearly  salary  of  the  city  assessor  shall  be  one  mayor,  &e, 
hundred  dollars — that  the  yearly  salary  of  the  high  constable  fixed, 
shall  be  three  hundred  and  fifty  dollars — that  the  yearly  salary 
of  the  four  city  constables  shall  be  two  hundred  dollars  each 
— that  the  yearly  salary  of  the  clerks  of  councils  shall  be  two 
hundred  dollars  each,  to  be  paid  to  them  quarterly,  on  war¬ 
rants  drawn  by  the  mayor  in  favor  of  the  respective  officers. 

II.  That  so  much  of  any  ordinance,  or  ordinances,  as  are  Repealing 
hereby  altered  or  supplied,  be,  and  the  same  are  hereby  re-  clause. 
pealed.5  3 

Passed  29th  February,  1836;  and  recorded  4th  March,  1836,  in  Book 
A.  page  222. 


CHAPTER  CCXVIII. 


An  Ordinance  concerning  the  assessment  and  appropriation  of  the 

city  taxes  for  the  year  1836. 

I.  That  the  amount  of  moneys  to  be  collected  upon  the  Amt.  of  taxes, 
persons,  professions,  trades,  and  property,  of  the  city  of  Pitts-  &c.  for  1836. 
burgh,  made  taxable,  together  with  the  moneys  now  in  the 
treasury,  as  well  as  all  moneys  asising  from  rents,  fines,  forfeit¬ 
ures,  licenses,  &o.  &c.  shall  be,  and  the  same  are  hereby  ap-  Appropria- 
propriated  in  the  following  manner,  viz:  tions 

No,  1, 


Salaries  of  city  officers,  to  wit 

Mayor, 

$800  00 

Treasurer, 

700  00 

Wharf  Master, 

400  00 

Street  Commissioner, 

365  00 

Clerk  of  Markets, 

150  00 

High  Constable, 

350  00 

City  Constables,  $200  each, 

800  00 

Clerks  of  Councils,  $200  each, 

400  00 

Bell-ringer, 

Messengers  of  Councils,  each, 

80  00 

50  00 

Salaries. 


gas  works,  and  for  raising  the  fund  to  make  payment  therefor,”  passed  27th  July, 
1835.  See  statement, post,  in  the  appendix,  entitled,  “Public  Loans  and  City  Debt.1' 

5  3  Previous  to  the  passage  of  this  ordinance,  the  salaries  of  the  city  officers,  as 
fixed  by  various  ordinances,  were  as  follows,  viz:  mayor  $500;  treasurer,  $500; 
high  constable,  $200;  city  constables,  each  $100;  clerks  of  councils,  each  $150. 


710 


GAS  LIGHTS. 


Brought  over,  $4,095  00 

Assessor  of  City  Taxes,  100  00 

Recording  Regulator,  200  00 

Superintendent  of  waterworks, 

including  an  Engineer,  1,200  00 

Assessor  and  Register  of  the 


Int.  city  debt.  No.  2. 

No.  3. 
No.  4. 
No.  5. 
No.  6. 

Public  works, 
improvements  No.  7. 
and  debts  due,  N0#  g. 

&c>  No!  9! 

No.  10. 
No.  11. 
No.  12. 
No.  13. 
No.  14. 
No.  15. 
No.  16. 
Coting’t  fund.  No.  17. 


water  rents,  300  00— $5895  00 

Interest  on  the  city  Debt,  9610  00 

Pubiic  Printing,  300  00 

Cleaning  paved  Cartways,  2000  00 

City  Watch,  5000  00 

Permanent  improvement  of  the  Mononga- 
hela  wharves,  5000  00 

City  water  works,  9500  00 

Engine  and  Hose  Companies,  3234  20 

Balance  due  1st  instalment  of  gas  stock,  4817  14 

Eagle  steam  mill  lot,  and  interest  due,  11,400  00 

Loan  of  1830  due  July  1st,  1836,  5000  00 

Paving  and  Grading,  &c.  11,704  00 

Hospital  and  Sanitary  fund,  1000  00 

Outstanding  certificates  due  July  1st,  1835,  3(00  00 

Redemption  and  Interest  on  city  bills,  400  00 

Due  on  old  paving,  462  58 

Contingent  fund  for  1836,  5876  06 


Total  amount.  $S4,198  98 

Passed  29th  February,  1836;  and  recorded  4th  March,  1836,  in  Book 
A.  page  223. 


CHAPTER  CCXIX. 

A  further  supplement  to  “An  ordinance  for  the  construction  and  man 
agement  of  the  Pittsburgh  gas  works,”  passed  27th  April,  1835, 
and  to  the  supplements  thereto,  passed  respectively  16th  May,  and 
1st  June,  1835. 

Whereas,  in  pursuance  of  the  first  section  of  said  ordinance, 
dated  27th  April,  1835,  application  has  been  made  by  the 
Preamble,  stockholders  representing  a  majority  of  the  shares  subscribed, 
asking  that  the  trustees  be  aut  hor'zed  to  borrow  money,  or  to 
create  additional  stock;  Therefore, 

400  additional  I«  Be  it  ordained  and  enacted ,  $$c.  That  the  said  trustees  be 
shares  to  be  and  they  are  hereby  empowered  to  receive  subscriptions,  for 
subscribed.  additional  stock,  not  exceeding  in  the  whole  four  hundred 
shares  of  fifty  dollars  each. 

StQpk  to  be  II.  That  the  mayor  of  the  city  of  Pittsburgh  be,  and  he  js 
subscribed  for  hereby  authorized  and  empowered  to  subscribe  in  the  name 
fhc  city.  tjie  jjiayor,  aldermen  and  citizens  of  Pittsburgh,  for  the  said 


GAS  LIGHTS, 


711 


four  hundred  shares  of  additional  stock  of  the  Pittsburgh  Gas 
Works,  to  be  subject  to  the  same  privileges  and  conditions 
which  are  already  conferred  on  and  enjoined  upon  the  original 
stockholders. 

III.  That  the  mayor  be,  and  he  is  hereby  authorized  to  000  to  be 
borrow  on  loan,  any  sum  of  money  not  exceeding  in  the  whole  borrowed  to 
the  amount  of  twenty  thousand  dollars,  at  such  times  and  in  pay  for  the 
such  proportions  as  shall  be  required  by  the  trustees  of  the  said  stock. 
Pittsburgh  gas  works,  and  to  issue  therefor  certificates  under 

the  seal  of  the  corporation  (of  either  one  hundred  or  of  five 
hundred  dollars  each,  at  the  option  of  the  lender,)  bearing  an 
interest  of  not  more  than  five  per  cent,  per  annum,  which  in¬ 
terest  shall  be  made  payable  half  yearly  at  the  bank  of  Pitts¬ 
burgh,  except  so  much  as  may  be  borrowed  or  held  by  trans-int.  at  5pr.  ct. 
fer  in  the  city  of  Philadelphia,  the  interest  on  which  shall  be  to  be  pd.  semi- 
paid  semi-annually  at  the  bank  of  Pennsylvania,  in  the  city  of annually. 
Philadelphia. 

IV.  That  the  said  certificates  shall  be  signed  bv  the  mayor 

and  countersigned  by  the  city  treasurer,  and  shall  be  severally  Certificates  to 
transferable  by  the  subscribers,  their  legal  attorney,  executors,  be  issued  <&  to 
administrators  or  assigns,  by  endorsements  thereon,  at  the  of-  be^transfera- 
fice  and  in  the  presence  of  the  city  treasurer  for  the  time  be¬ 
ing,  or  at  the  bank  of  Pennsylvania,  in  the  presence  of  the 
cashier  thereof;  and  shall  not  be  paid  off  or  redeemed  by  the 
city  (except  with  the  consent  of  the  holders  thereof,)  before .  Redeemable 
the  first  day  of  July,  one  thousand  eight  hundred  and  seventy-111 
two;  and  the  money  so  borrowed  shall  be  paid  to  the  city 
treasurer,  and  applied  by  him  exclusively  to  the  payment  of  Tobeexclu- 
warrants  drawn  by  the  mayor  for  the  purpose  of  meeting  thesive,y  f°r  usc 
calls  of  the  trustees  of  the  Pittsburgh  gas  works  for  instalments  tl!e  gas 
upon  the  stock  as  aforesaid  subscribed  for  by  him,  in  the  name 
of  the  mayor,  aldermen  and  citizens  of  Pittsburgh. 

Y.  That  it  is  hereby  declared  as  the  true  intent  and  mean¬ 
ing  of  the  ordinance  of  the  27th  April,  1S35,  and  of  its  sup-  Declaration  as 
plements,  of  the  16th  May,  and  1st  June  1835,  that  the  ln*  nances^  °r 
terest  guaranteed  by  the  city  shall  be  paid  half  yearly,  on  the 
amount  of  subscription  paid  in,  from  the  date  of  payment. 

VI.  That  the  faith,  credit,  funds,  revenue,  and  corporate 

property  of  the  city  be  and  they  are  hereby  solemnly  pledged,  Corporate  pro- 
for  the  payment  of  the  sum  or  sums  hereby  authorized  to  be 
borrowed  as  aforesaid,  and  for  the  payment  of  the  interest  ac-  ment. 
cruing  upon  the  same.54 

VII.  That  so  much  of  the  provisions  of  any  ordinances  now  Repealing 
in  force,  and  conflicting  herewith,  be  and  the  same  are  hereby  clause* 
repealed. 

Passed  3d  March,  1836;  and  recorded  10th  March,  1836,  in  Book  A. 
page  224. 

54  See  statement,  post,  in  the  appendix,  entitled  “Public  Loans  and  City  Debt/’ 
also,  notes  and  references  appended  to  chap.  198,  ante,  p.  685. 


712 


CITY  WATCH. 


CHAPTER  CCXX. 


1  capt.  2  lieu¬ 
tenants,  &  16 
watchmen  to 
be  appointed. 


Duty  of  the 
captain. 


Regulations  to 
be  read. 


To  report  to 
the  mayor, 
&c. 


Duties  of  the 
lieutenants. 


To  report  eve¬ 
ry  two  hours 
at  the  watch- 
house. 


Watchmen  to 
have  the  pow¬ 
ers  of  city  con¬ 
stables. 


An  Ordinance  for  the  establishment  of  a  permanent  watch. 

I.  That  for  the  purpose  of  establishing  a  system  of  police* 
really  suited  to  secure  our  citizens  in  their  persons  and  their 
property,  one  captain  of  the  watch,  two  lieutenants  of  the 
watch,  and  sixteen  watchmen,  shall  be  appointed  from  amongst 
those  inhabitants  entitled  to  vote  at  our  municipal  elections, 
as  is  hereinafter  provided. 

II.  That  it  shall  be  the  duty  of  the  captain  to  repair  to 
the  watch  house,  to  be  designated  from  time  to  time,  be¬ 
fore  9  o’clock,  P.  M.  of  each  day,  there  to  remain  until  the 
hour  appointed  for  the  dismissal  of  the  watch  and  prisoners, 
unless  some  urgent  occasion  might  call  for  his  personal  inter¬ 
ference,  for  the  purpose  of  promulgating  the  rules  and  regula¬ 
tions  adopted  for  the  better  government  of  the  watch,  which 
regulations  shall  be  read  once  every  month  in  the  hearing  of 
the  persons  so  employed:  The  said  captain  of  the  watch  is 
hereby  invested  with  all  the  powers  and  authorities  of  the  high 
constable,  all  the  duties  of  said  officer  being  likewise  imposed, 
except  that  of  registering  carriages,  carts,  and  drays;  and  he 
is  furthermore  directed  to  report  to  the  mayor,  any  negligence, 
or  want  of  fidelity,  that  may  have  been  observed  in  any  of  the 
persons  under  his  direction,  that  they  may  be  forthwith  fined, 
or,  if  expedient,  stricken  from  the  roll,  as  will  be  hereinafter 
pointed  out. 

III.  That  it  shall  be  the  duty  of  the  aforesaid  lieutenants  of 
the  watch,  who  are  hereby  clothed  with  all  the  powers  and  au¬ 
thorities  of  the  city  constables,  to  attend  at  the  watch  house 
at  9  o’clock,  P.  M.  every  night,  (unless  necessarily  absent) 
to  receive  instructions;  and  in  the  absence  of  the  captain,  the 
senior  lieutenant,  to  be  designated  as  such  by  the  m  lyor,  shall 
take  upon  himself  all  the  duties  of  said  officer,  and  be  held 
accountable  for  their  proper  execution.  They  shill  report 
themselves  every  two  hours  through  the  night,  at  the  watch 
house,  (unless  engaged  in  some  special  service  by  order  of  their 
superior,)  for  the  purpose  of  reporting  any  thing  of  importance 
they  may  have  learned  in  their  rounds  from  the  watchmen,  or 
from  their  personal  observation,  and  particularly  to  report  any 
lack  of  good  faith  which  they  may  have  observed  in  the  per¬ 
sons  under  their  supervision. 

IV.  That  the  watchmen  selected  shall  be  of  reputable 
standing,  and  they  are  hereby  vested  with  all  the  rights  and 
powers  of  the  city  constables,  as  defined  by  the  act  incorpor¬ 
ating  the  city  of  Pittsburgh.  It  shall  likewise  be  their  duty  to 
report  themselves  at  9  o’clock,  P.  M,  of  each,  and  every  night, 
at  the  watch  house,  for  the  purpose  of  inspection  and  instruc¬ 
tion;  and  together  with  the  captain  and  lieutenants,  at  such 


CITY  WATCH.  713 

other  times  at  the  mayor’s  office,  as  may  be  considered  of  im-  To  report  for 

portance  to  the  public  peace.  They  shall  repair  to  their  respec-  duty,  &c. 

tive  stations  as  soon  after  roll  call  as  possible,  and  continue 

vigilant  on  the  beats  appointed  for  them,  until  4$  o’clock,  jjours  of  duty 

A.  M.  of  each  day,  from  the  21st  of  March  until  the  21st  of  established. 

September,  and  until  6  o’clock  A.  M.  of  each  day,  from  the 

21st  of  September  until  the  21st  of  March,  at  which  desig-  All  prisoners 

nated  hours  they  shall  assemble  at  the  watch  house,  and  con- to  be  convey- 

vey  any  prisoners  therein  confined  to  the  mayor’s  office,  to  be  ed?  to  the  may- 

dealt  with  according  to  law.  or  s  office* 

Y.  That  they  are  hereby  empowered,  and  required  to  ap¬ 
prehend  all  assassins,  robbers  and  other  violators  and  disturb- 
ers  of  the  public  tranquillity,  or  any,  and  every  one,  they  may  men  jn  appre] 
have  cause  to  suspect  of  any  unlawful,  or  evil  design,  as  well  hending  offen- 
as  drunkards  and  vagrants,  and  shall  take  the  person  or  persons  ders, 
so  apprehended,  as  soon  as  conveniently  they  may,  to  the  pub¬ 
lic  watch  house.  They  shall  call  the  hour  of  the  night,  and 
state  of  the  weather  at  such  times,  and  in  such  manner  as  may  Calling  the 
be  from  time  to  time  dictated;  they  shall  light  the  public  hour, 
lamps,  after  the  introduction  of  the  gas  through  the  streets,  at 
such  hours  as  may  be  ordered  by  the  mayor,  and  they  are 
hereby  especially  required  in  time  of  fire,  to  alarm  each  other, 
the  inhabitants  in  their  immediate  neighborhood,  and  the  offi¬ 
cers  of  fire  companies  who  may  reside  within  their  respective 
sections,  and  shall  thereupon  repair  to  their  several  stations,  other  duties 
the  better  to  apprehend  any  persons,  who  may  be  feloniously  prescribed, 
carrying  away  any  of  the  goods  and  chattels  of  another. 

VI.  That  a  joint  committee  of  one  from  the  select,  and  two 

from  the  common  council  be  appointed  at  the  season  at  which  ^  councils 
this  ordinance  may  pass,  and  yearly  thereafter  at  the  stated  to  be  appoint- 
period  for  the  appointment  of  the  standing  committees,  whose  ed  annually, 
duty  it  shall  be,  to  consult  with  the  mayor  at  such  times  as  he 
or  they  may  deem  it  necessary,  and  in  conjunction  with  him 
to  select  a  suitable  place  for  a  public  watch  house;  to  devise  Duty  of  the 
and  establish  suitable  regulations  for  the  government  of  the  committee, 
watch;  to  divide  the  city  into  districts,  and  to  prescribe  the 
manner  in  which  the  duties  of  the  watchmen  shall  be  perform¬ 
ed.  Said  committee  shall  report  quarterly  at  the  stated  meet¬ 
ings  in  March,  June,  September  and  December  of  each  year,  To  make 
the  state  of  the  appropriation,  and  all  things  connected  with  te(j  r^ortsS  * 
said  watch  that  they  may  deem  important  to  the  public  in-  &c. 
terest. 

VII.  That  in  the  absence  of  the  committee  from  the  city,  or 

when  unable  to  attend  the  notice  of  the  mayor,  the  latter  offi-  Additional 
cer  shall  have  full  authority  to  alter,  amend  or  add  to  any  of  powers  of  the 
the  then  existing  regulations  made  for  the  management  oftnayor. 
said  watch;  always  provided  that  said  alteration,  amendment 
or  addition  be  reported  to  the  committee  at  their  next  meet- 
111 


714 


CITY  WATCH. 


mg,  and  does  not  conflict  with  the  letter  and  spirit  of  this  by¬ 
law. 

VIII.  That  the  captains,  lieutenants,  and  watchmen,  shall 
Watchmen,  130  appointed  by  the  mayor  and  joint  committee,  subject  to 

toPbe  a^^ohit- remova^  They  shall  each  take  a  solemn  oath,  to  per- 
ed  by  the  may-  f°rm  ^e  duties  of  their  respective  offices  to  the  best  of  their 
or.  abilities,  and  shall  give  bonds  with  security  to  be  approved 

by  the  mayor,-  the  captain  in  the  sum  of  fifteen  hundred  dol¬ 
lars,  each  lieutenant  in  the  sum  of  one  thousand  dollars,  and 
To  be  sworn  eacn  watc^man  i n  the  sum  °f  ^ve  hundred  dollars ;  which 
&  give  bonds,  bonds  for  the  sums  herein  mentioned,  shall  be  held  in  keep¬ 
ing  to  satisfy  any  damages  accruing  from  misconduct  in 
office. 

IX.  That  for  any  misconduct  in  an  officer,  a  penalty  of 
from  five  to  forty  dollars  shall  be  imposed,  and  for  the  same 

Penalties  in  jn  a  watchman  the  penalty  shall  be  from  one  to  ten  dollars,  at 
caseofmiscon-  tjie  discretion  of  the  mayor,  on  a  fair  hearing  of  the  case,-  said 
penalty  to  be  recovered  as  debts  of  like  amount  are  recover¬ 
able. 

X.  That  neither  the  officers  or  watchmen  shall  claim  any 
No  fees  to  be  fees  or  costs,  nor  at  any  time  accept  any  gratuity  from  any  in- 

charged  or  gra-  dividual  whom  they  may  arrest,  or  who  may  be  subject  to  their 
tuities  taKen. 

power. 

XL  That  all  fees  or  costs  to  which  any  individual  of  the 
watch  may  be  entitled,  shall  be  received  by  the  captain  or 
How  certain  next  lieutenant,  and  shall  be  deposited  in  a  suitable  bank  un- 
ccdlected^and  dor  the  direction  of  the  mayor,  to  be  divided  by  the  mayor 
distributed.  and  committee  among  the  several  watchmen,  who  shall  have 
distinguished  themselves  by  their  good  conduct. 

XII.  That  the  mayor  and  joint  committee,  or  either  of  them 

( reaseThe0  *n  tne  ahsence  °f the  other,  may  at  any  time  they  consider  it 
watch  if  neces-  expedient,  increase  the  number  of  the  watch  to  meet  any 
sary.  temporary  emergency,  of  which  increase  they  shall  make  re¬ 

port  at  the  ensuing  session  of  councils,  stating  the  particular 

Report  to  be  necessity  for,  and  the  expenditure  made  on  account  of  said 
made  to  coun-  jncrease. 

XIII.  That  any  person  attempting  to  mimick  the  cry  or  signal 
instituted  by  the  watchmen,  or  that  shall  molest  or  insult  them 
whilst  in  the  performance  of  their  required  duties,  shall  be 

Penaltyfor  in- collveyed  to  the  watch  house,  and  at  the  proper  time  to  the 
Slrferm  ^with  mayor,s  °ffice?  when  they  shall  *be  liable  to  imprisonment  as 
the  watch W1  ^  disorderly  persons,  for  any  term  not  exceeding  ten  days,  or  be 
subjected  to  a  penalty  of  from  two  to  ten  dollars,  at  the  dis¬ 
cretion  of  the  mayor. 

XIV.  That  the  mayor  be  authorized  to  draw  his  warrant 
Mayortodraw  on  the  city  treasurer  monthly,  for  any  moneys  due  on  account 
his  warrant  for  0f  the  watch,  on  the  order  of  the  captain  endorsed  by  a  major- 
expenses.  ity  of  said  joint  committee. 

XV.  That  from  and  after  the  first,  day  of  April,  A.  D.  1836, 


GRADES  OF  STREETS,  &c. 


715 


the  salary  of  the  captain  of  the  watch  shall  be  $30;  the  sa-  Salaries  of  of- 
iaries  of  the  lieutenants,  each  $25;  and  the  salaries  of  the  ficers  and 
watchmen,  each  $20  per  month.  uatc  ' 

XVI.  That  an  ordinance  passed  on  the  third  day  of  January,  Repeal  of 
1831,  authorizing  the  appointment  of  patroles,  is  hereby  sup-  chap.  147,  ante, 
plied  and  repealed.55  p.  571. 

Passed  26th  March,  1836;  and  recorded  5th  April,  1836,  in  Book 
A.  pages  226,  &c. 


CHAPTER  CCXXI. 


An  Ordinance  declaring  and  fixing  the  grade  of  certain  streets  and 

alleys. 

I.  That  Grant  street,  at  the  intersection  with  Fifth  street, 
shall  be  reduced  ten  feet  below  the  present  surface,  and  the  Grade  of 
permanent  grade  thereof  shall  be  fixed  at  ten  feet  below  the  Grant  street, 
top  of  the  middle  front  door  sill  of  St.  PauPs  church;  and 
from  the  intersection  aforesaid,  Grant  street  shall,  when. so  re¬ 
duced,  be  graded  a  uniform  descent,  northwardly,  to  the  pre¬ 
sent  grade  of  Seventh  street,  at  the  west  end  of  the  canal 
bridge,  and  from  said  intersection  shall  be  graded  a  uniform 
descent,  southwardly,  to  a  point  half  way  between  Fourth  and 
King  streets;  and  Smithfield  street,  at  its  intersection  with 
Fifth  street,  shall  be  raised  four  feet  above  the  present  sur"  stree^mit^fie^d 
face,  and  from  thence  shall  be  graded,  a  uniform  descent, 
southwardly,  to  Diamond  alley,  and  northwardly  a  uniform 
grade,  to  Virgin  alley;  and  Fifth  street  shall  be  graded  a  uni¬ 
form  descent,  westwardly,  from  Grant  to  Smithfield  streets,  street, 

and  from  the  intersection  thereof  with  Smithfield  street,  the 
grade  shall  be  a  uniform  descent  to  Wood  street;  and  the 
grade  of  Fifth  street  shall  be  continued,  eastwardly,  one  hun¬ 
dred  and  seventy-five  feet  to  an  elevation  four  feet  above  the 
horizontal  line,  thence  to  Ross  street  the  grade  shall  have  a 

5  s  See  chap.  147,  ante ,  571,  for  the  ordinance  authorizing  the  mayor  to  employ 
nightly  patroles,  passed  3d  January,  1831.  Under  this  ordinance  a  nightly  watch 
was  employed  by  the  mayor  for  several  years  past — the  expenses  for  which,  during 
the  last  current  year,  were  $1735.  The  contemplated  salaries  of  the  officers  and 
watchmen,  under  the  ordinance  in  the  text  is  $4800.  For  the  old  ordinances  au¬ 
thorizing  the  appointment  ofifc  nightly  watch,  see  chap.  12,  ante ,  p.  93,  passed  24th 
August,  1816,  which  was  entirely  repealed  by  chap.  33,  ante ,  p.  137,  passed  5th 
March,  1817;  what  the  actual  expenses  were,  under  that  ordinance,  we  have  now 
no  opportunity  of  ascertaining.  A  resolution  was  adopted,  by  the  com.  council  as 
follows,  to  wit:  “Resolved,  That  the  police  committee  be  directed  to  report  forth¬ 
with  to  the  councils,  when  the  watcb  was  first  established  or  employed — what  has 
been  the  number  of  the  watch  at  any  time — what  is  their  number  now — and  what 
has  been  the  separate  pay  of  the  watchmen  and  police,  when  on  patrol  duty,”  &c. 
See  minutes  of  the  com.  council,  of  Oct.  2 6th,  1835,  page  315.  No  report  was,  how¬ 
ever,  made  by  the  police  committee  on  the  subject.  For  the  expenditure  of  $1735, 
as  above  mentioned,  see  city  accounts,  of  1835,  Min.  of  com .  coun.  page  321. 


716 


GRADES  OF  STREETS,  &c. 


Sixth  street,  uniform  descent  of  one  foot  six  inches  perpendicular.  Sixth 
Virgin  alley,  street,  Virgin  alley,  and  Diamond  alley,  shall  each  of  them  be 
alle  Diamond  graded  from  Grant  street,  a  uniform  descent,  to  Smithfield 
.  street.  And  Diamond  street  shall  be  graded  from  Grant 

street,  eastwardly,  one  hundred  and  seventy-seven  and  a  half 
Diamond  st.  feet  at  a  uniform  ascent  of  five  inches  in  every  ten  feet,  and 
thence,  at  a  uniform  descent,  one  inch  and  eight-tenths  in  eve¬ 
ry  ten  feet,  to  Ross  street. 

II.  That  Wylie  street,  when  opened,  shall  be  graded  from 

W  ’lie  street  street  to  High  street,  at  an  angle  of  two  degrees  twenty- 

^  16  s  '  two  minutes  below  the  horizon,  and  thence  to  the  city  line, 
as  now  bounded,  at  a  uniform  ascent  of  two  degrees  twenty- 
four  minutes  above  the  horizon. 

III.  That  Coal  lane  shall  have  a  uniform  ascending  grade 
from  Grant  street,  eastwardly,  six  hundred  and  forty-one  feet, 

Coal  lane  at  an  an§^e  one  degree  thirty-three  minutes  above  the  ho¬ 
rizon,  and  thence  to  Seventh  street  a  uniform  descending 
grade,  at  an  angle  of  one  degree  fifty-one  minutes  below  the 
horizon;  and  all  the  streets  and  alleys  that  cross  or  intersect 
the  streets  and  alleys  above  described,  shall  be  graded  to  con¬ 
form  with  the  several  grades  herein  mentioned  56 

Passed  26th  March,  1836;  and  recorded,  31st  March,  1836,  in  Book 
A.  page  226,  &c. 


ACT  OF  ASSEMBLY. 

An  Act  relative  to  the  Pittsburgh  Gas  Works.5  7 

Trustees  of  gas  I.  Be  it  enacted ,  fyc.  That  the  trustees  of  the  Pittsburgh 
works  autho-  gas  works  be  and  they  are  hereby  authorized  to  lay  the  ne- 
rized  to  lay  cessary  pipes  from  the  works  to  the  city  lines;  Provided , 
tvfines  ^c01  *^e  same  do  not  pass  through  private  property;  And  provi- 

Not  to  pass  ded,  The  like  precautions  be  taken  in  opening  and  closing 
thro’  private  up  the  highway  as  are  or  may  be  enjoined  in  reference  to 
property.  opening  and  closing  up  the  streets  of  said  city. 

II.  That  for  the  violation  of  any  ordinance  of  the  city  of 

s  6  See  the  notes  appended  to  chap.  144,  ante ,  p.  566-7,  and  the  act  of  assembly 
appended  thereto,  passed  1st  of  April.  1831,  ante .  p.  567-70.  See,  also,  statement  at 
large  as  to  Cherry  alley  and  Grant  street,  ante,  p  603-4.  And  for  the  duties  and 
compensation  of  the  regulators  of  streets  and  lots,  &c.  see  chap.  17,  ante,  110-13; 
Chap.  20,  ante ,  p.  120-26.  As  to  Grant  street,  Try  street,  Ross  street,  and  Dia¬ 
mond  street,  and  the  agreement  respecting  the  same,  see  chap.  22,  ante,  p.  127-28; 
and  for  the  general  ordinance  describing  the  duties,  &c.  of  the  regulators  of  streets 
and  lots,  see  chap.  112,  ante,  p.  198 — 200. 

5  7  The  title  of  this  act  of  assembly  is  probably  raistated  in  the  text,  it  having 
been  attached,  on  its  final  passage  by  the  legislature,  to  some  act  of  a  different  title, 
and  included,  as  usual,  in  the  words  “  and  for  Other  purposes:”  nor  is  the  particu¬ 
lar  time  of  its  enactment  stated — but  see,  post,  “  Titles  of  acts  of  assembly,  pass¬ 
ed,”  &c. 


GAS  LIGHTS. 


717 


Pittsburgh,  passed  for  the  protection  of  said  property  from  in-  Offenders  to 
jury,  the  party  offending,  if  the  offence  be  committed  without  in 

the  city  limits,  may  be  punished  by  indictment  in  the  court  segSi*na^  er 
of  quarter  sessions  of  Allegheny  county. 

III.  That  the  select  and  common  councils  of  the  city  of  Councils  au- 
Pittsburgh,  be,  and  they  are  hereby  fully  authorized  and  em-  thorized  to  lay 

powered,  to  lav  out,  open,  extend  and  widen  such  street  or°l*b  extend  &. 
*  '  ^  ’  r  '  #  widen  pertain 

streets  as  they  may  deem  necessary  to  communicate  between  streets 

the  public  streets  of  said  city  and  the  Pittsburgh  gas  works, 
and  such  street  or  streets,  from  the  time  the  same  may  be  de¬ 
clared  and  ordered  by  said  councils  to  be  opened,  extended 
or  widened,  shall  forever  after  be  deemed,  adjudged  and  taken 
as  public  highways,  and  subject  to  the  same  regulation  and 
police  as  other  streets  or  highways  of  said  city ;  Provided , 
nevertheless ,  That  the  owner  or  owners  of  ground,  through  Persons  injur- 
which  any  such  street  shall  be  opened,  extended  or  widened,  ed  to  be  in¬ 
may  proceed  in  the  same  manner  to  obtain  indemnification  dernnified,  ac- 
for  any  injury  he  or  they  may  sustain  thereby,  as  is  directed  existing  ^road 
by  the  several  acts  in  force,  and  providing  for  the  opening  of  laws, 
public  roads  in  this  commonwealth. 

Passed,  and  approved  by  the  Governor,  at  the  session  of  1835-6. 


CHAPTER  CXXII. 


An  Ordinance  supplementary  to  the  several  ordinances  relative  to 
the  Pittsburgh  Gas  Works. 

I.  That  the  committee  on  streets,  grading  and  paving,  be  Grade  of  Se 
authorized  and  required  to  alter  the  grade  of  Second  street, cond  st-  from 
from  Ross  street  to  the  eastern  boundary  of  the  city,  and  to  pn^to  be^af 
extend  the  said  street  thence,  so  as  to  intersect  the  street  tered. 
leading  to  the  gas  works,  in  such  manner  as  may  be  best  cal¬ 
culated  to  insure  the  commodious  and  safe  conveyance  of 

gas  from  the  works  into  the  city. 

II.  That  the  committee  on  water  be  authorized  and  requi-  Water  pipes 

red  to  lay  down  water  pipes  along  Second  street  from  Ross  to  be  laid  from 
street  to  the  eastern  boundary  of  the  city,  and  to  continue  ^^cit^linV0 
the  same  thence  to  a  point  opposite  the  gas  works.58  e  C1  ^  inc' 

Passed  30th  May,  1836;  and  recorded  1st  June,  1836,  in  Book  A. 
page  229. 


*8  The  ordinance  in  the  text  was  passed  on  the  30th  May,  1836,  in  pursuance 
of  the  power  vested  in  the  city  councils  by  the  preceding  act  of  assembly;  and, 
when  carried  into  effect,  will  materially  alter  the  grade  of  Second  street,  from 
Ross  street  to  the  eastern  boundary  of  the  city,  as  heretofore  established.  The 
present  gas  works  are  located  near  to,  but  without  the  present  chartered  limits  of 
the  city;  but  the  act  of  assembly,  before  referred  to,  gives  the  city  councils,  for  par¬ 
ticular  purposes  therein  expressed,  jurisdiction  over  the  streets  and  roads  leading 
thereto. 


718 


ACTS  OF  ASSEMBLY. 


ACTS  OF  ASSEMBLY. 

A  further  supplement  to  the  act  incorporating  the  city  of  Pittsburgh* 
passed  the  eighteenth  day  of  March,  eighteen  hundred  and  sixteen. 

Mayor  of  Pitts*  Be  &  enacted ,  Sfc.  That  the  mayor  of  the  city  of  Pitts* 
burgh,  to  have  burgh,  who  shall  have  been,  or  may  hereafter  be  elected,  by 
the  same  pow-  virtue  of  and  in  accordance  with  the  provisions  of  thesupple- 
®rs  ment to  the  act  incorporating  the  city  of  Pittsburgh,  which 

vf0us7o  26th  sa^  supplement  was  passed  the  tsventy-sixth  day  of  Decem- 
Dcc.  1833.  ber,  eighteen  hundred  and  thirty-three,  shall  be,  and  is  here¬ 
by  authorized,  to  exercise  all  the  powers  which  were  exercis¬ 
ed  by  the  mayor  elect  of  said  city,  prior  to  the  passage  of  said 
Except  in  civil  supplement ;  except  such  powers  as  are  exercised  by  aldermen 
cases.  jn  civil  cases.5  9 

II.  That  the  commissioners  of  Allegheny  county,  and  their 
b^built01186 10  successors  ’*n  office,  are  hereby  authorized  upon  good  and  suf¬ 
ficient  security,  to  borrow  upon  the  best  terms  they  can  pro- 
Com’rs.of  All.  cure  ffie  same,  a  certain  sum  of  money,  not  exceeding  sixty 
co.  authorized  thousand  dollars;  to  be  disbursed  by  them  in  the  erection  of 
to  borrow  on  a  court  house  and  other  public  buildings  for  the  use  of  said 
loan  $60,000.  county?  should  the  commissioners  of  said  county  determine 
on  the  building  of  a  courthouse  and  other  public  buildings.60 
Passed,  and  approved  by  the  Governor,  at  the  session  of  1835-6. 


An  Act  to  authorize  the  opening  of  an  alley  in  the  city  of  Pittsburgh 
from  St.  Clair  street  to  Irwin  street.6  1 

L  Be  it  enacted ,  Sfc.  That  the  court  of  common  pleas  of 
Allegheny  county,  on  petition,  shall  appoint  fifteen  or  more 

&  9  For  the  act  of  assembly  of  the  26th  of  December,  1833,  see  ante ,  p.  702-4, 
The  powers  and  duties  of  the  mayor,  when  elected  from  the  body  of  the  citizens . 
are  now,  according  to  the  provisions  of  the  act  in  the  text,  the  same  as  when  he  was 
directed  to  be  chosen  from  the  body  of  aldermen,  according  to  the  provisions  of  the 
9th  sect,  of  the  original  act  of  incorporation,  passed  on  the  18th  March,  1816,  ex¬ 
cept  in  civil  cases.  See  ante,  p.  15.  Whether  the  legislature  have  the  power,  un¬ 
der  the  present  constitution,  to  create  &  judicial  officer,  and  clothe  him  with  crimi¬ 
nal  judicial  powers,  without  an  appointment  or  commission  from  the  executive, 
dubitatur. 

60  Under  the  provisions  of  this  section,  the  commissioners  of  Allegheny  county 
have  entered  into  contracts  for  the  erection  of  a  new  court  house,  on  the  public 
ground,  on  Grant’s  Hill,  adjacent  to  the  new  jail,  to  be  built  of  cut  stone,  on  a  plan 
sufficiently  large  to  accommodate  all  the  courts  usually  held  in  Pittsburgh,  and  all 
the  public  offices  .  The  contracts  are  with  Messrs.  Coltart  &  Dilworth,  and  others, 
and  the  work  is  to  be  fully  completed  within  three  years.  The  estimated  cost  is 
from  $100,000  to  $120,000.  June  18th,  1836. 

6  i  There  is  no  street  of  the  designation  of  Irwin  street ,  in  the  original  plan  of 
the  city:  it  is  presumed  that  Irwin's  alley  is  intended,  which  runs  from  Liberty  street 
to  the  Allegheny  river;  and  although  Exchange  alley  is  not  designated  by  name,  the 
act  in  the  text  evidently  contemplates  the  opening  of  that  alley  from  St.  Clair  street 
to  Irwin's  alley ,  whilst  a  subsequent  act,  (ante,  p.  697-8,)  passed  15th  April,  1835, 


Acts  OF  ASSEMBLY 


719 


disinterested  freeholders,  who  shall  meet  on  at  least  live  days  Court  of  C.  P. 
notice,  and  if  any  twelve  or  more  attend,  they  shall  view  the  Allegheny 
premises,  and  if  any  twelve  of  those  attending,  being  first  viewers.P^°,n 
duly  sworn  or  affirmed  to  perform  the  duties  imposed  on  them 
by  this  act  with  fidelity,  shall  decide  that  the  said  alley  is  ne-  Duties  of 
cessary  for  public  use,  through  the  block  of  lots  on  Liberty  viewers; 
and  Penn  streets,  from  St.  Clair  to  Irwin  streets,  they  shall 
proceed  to  lay  out  the  same  sixteen  feet  wide,  and  assess  the 
damages  done  to  any  lots,  taking  into  consideration  the  ad¬ 
vantages  accruing  as  well  as  the  injury  done,  and  shall  charge 
the  damages  so  done  upon  the  lots  or  parts  of  lots  so  benefit¬ 
ed,  according  to  a  fair  estimate  of  the  benefit  conferred  on 
each  lot*  and  designating  the  person  or  persons  to  whom  such 
damage  is  done  and  payable;  and  if  a  sufficient  number  do  Vacancies  sup 
not  meet  to  act,  or  if  they  cannot  agree,  the  court  may  at  any  plied, 
time  appoint  others;  the  said  viewers  shall  make  report  to  the 
said  court,  and  if  approved  by  the  court,  said  report  shall  be 
entered  of  record,  and  the  said  alley  shall  thenceforth  be  deem¬ 
ed  and  taken  to  be  a  lawful  public  alley. 

II.  The  said  damages,  so  assessed,  shall,  to  all  intents  and  Damages  as- 
purposes,  be  a  lien  against  the  lot  or  lots  upon  which  they  may  sessed  to  be  a 
respectively  be  assessed,  and  the  same  shall  be  recoverable  by lien; 

writ  of  scire  facias ,  in  the  name  of  the  commonwealth,  for 
the  use  of  the  person  in  favor  of  whom  such  damages  are  as¬ 
sessed,  as  debts  secured  by  mortgage  are  now  by  law  recover¬ 
able  ;  such  scire  facias  to  be  issued  so  soon  as  the  court  shall 
confirm  the  said  report. 

III.  As  soon  as  the  costs  and  the  damages  so  assessed,  shall  When  alley 
be  paid  unto  the  persons  in  whose  favor  the  same  shall  be  shall  be  open- 
awarded,  or  into  the  said  court,  by  any  individual  or  individu-®^ 

als,  the  prothonotary  shall  so  certify  to  the  court,  and  the 
court  shall  order  said  alley  to  be  opened,  and  the  same  shall 
be  opened  by  the  street  commissioners. 

Passed  1 1th  April,  1835.  See  Pamph.  Laws  of  Penn,  session  of 
1834-5,  pages  194-95. 


An  Act  to  fix  the  standards  and  denominations  of  measures  and 
weights  in  the  commonwealth  of  Pennsylvania. 

I.  The  standard  unit  of  all  measures  of  length,  shall  be  the 
“  yard,”  to  conform  to  that  in  use  in  this  commonwealth  at 

contemplates  the  opening  of  Exchange  alley,  in  continualion,  from  Irwin's  alley  to 
Hand  street — the  further  opening  of  the  said  alley  from  Hand  to  Wayne  street  being 
previously  provided  for — making  the  alley,  called  Exchange  alley,  extend  from  Ce¬ 
cil's  alley  entirely  through  to  Hand  street.  See  ante,  p.  605,  and  further,  the  9tb  sect, 
of  the  act  of  15th  April,  3835,  ante,  697-8,  providing  for  the  present  exemption  of 
so  much  of  said  alley  as  is  now  occupied  by  the  brick  buildings  of  A.  L.  Kerr  and 
N.  W.  Presley. 


720 


ACTS  OF  ASSEMBLY. 


Standard  of  the  (late  of  the  declaration  of  independence :  the  positive  stan- 
linear  mea-  clard  to  be  obtained  as  hereinafter  described,  and  that  one- 

sures  fixed.  third  of  said  yard  shall  be  one  foot,  and  that  one-twelfth  of 

said  foot  shall  be  one  inch. 

it  of  o  Ik  The  standard  of  liquid  measure  shall  be  the  gallon,  to 
ther^measures  contain  two  hundred  and  thirty-one  cubic  inches,  of  the  stan- 
fixed.  dard  aforesaid,  and  no  more ;  and  that  the  standard  of  dry 

measure  shall  be  the  bushel,  to  contain  two  thousand  one 
hundred  and  fifty  cubic  inches  and  forty-two  hundredths  of  a 
cubic  inch,  of  the  standard  aforesaid,  and  no  more. 

Standard  of  ^  The  standard  of  weight  shall  be  a  pound,  to  be  com- 
weight  deter-  puted  upon  the  Troy  pound  of  the  mint  of  the  United  States, 
mined.  referred  to  in  the  act  of  Congress  of  the  19th  of  May,  one 

thousand  eight  hundred  and  twenty-eight,  to  wit:  the  Troy 
pound  of  this  Commonwealth  shall  be  equal  to  the  Troy  pound 
of  the  mint  aforesaid,  in  the  proportion  of  seven  thousand  to 
five  thousand  seven  hundred  and  sixty. 

.  .  IV.  It  shall  be  the  duty  of  the  governor  of  this  common- 

dardof^lenTh  wea^  to  Procure?  within  three  years  from  the  date  of  the 
determinedao  Passage  of  this  act*  a  standard  yard,  to  constitute  the  positive 
be  provided  by  standard  of  length  in  this  commonwealth,  said  standard  to  be 
the  governor,  equal  in  length*  at  the  temperature  of  melting  ice,  to  the  dis¬ 
tance  between  the  eleventh  and  forty-seventh  inches  on  a  cer¬ 
tain  brass  scale  of  eighth-two  inches  in  length,  procured  for 
the  survey  of  the  coast  of  the  United  States,  and  now  depo¬ 
sited  in  the  war  department:  the  material  of  said  standard  to 
be  brass,  and  the  divisions  upon  it  to  be  inches  and  parts  of 
an  inch  of  the  brass  scale  aforesaid. 

Governor  to  V.  It  shall  be  the  duty  of  the  governor  to  procure,  within 
provide  posi-  three  years  after  the  passage  of  this  act,  for  the  use  of  this 
ofVme^ttfC0mm0nwealth’  a  stan(^ar<^  gaH°n  a°d  bushel,  to  conform  to 
capacity.  the  Provisi°n  °f  section  second  of  this  act,  the  material  of  said 
standard  to  be  of  cast  brass. 

Governor  to  VI.  It  shall  be  the  duty  of  the  governor  of  this  common- 
provide  posi-  wealth  to  procure,  within  three  years  after  the  passage  of  this 
hve  standards  act?  a  duly  authenticated  copy  of  the  Troy  pound  of  the  mint 
°  weig  •  0f  the  United  States,  to  constitute  the  positive  standard  of 
weight  of  this  commonwealth,  the  material  of  said  standard 
to  be  brass. 

Preservation  VII.  It  shall  be  the  duty  of  the  governor  of  this  common- 
of  the  positive  wealth,  to  have  the  positive  standards  of  measures,  of  length 
standards  pro-  an(j  capacity,  and  of  weight,  provided  by  the  foregoing  sec- 
vided  for.  tions,  inclosed  in  suitable  cases  and  deposited  in  the  office  of 
the  secretary  of  the  commonwealth,  to  be  by  him  there  care* 
fully  preserved. 

Verification  of  VIII.  It  shall  be  lawful  for  the  governor  of  this  common* 
the  positive  wealth,  when  he  shall  deem  it  expedient,  to  have  tested  the 
standards  pro-  conformity  of  said  positive  standards  of  measure  and  weight, 
vided  for.  to  foe  foregoing  provisions  of  this  act,  or  to  the  natural  inva- 


ACTS  OF  ASSEMBLY. 


721 


liable  standards  hereinafter  provided,  and  if  Congress  shall  at 
any  time  hereafter,  establish  standards  of  weight  and  measure, 
the  standards  aforesaid  shall  be  made  to  conform  thereto. 

IX.  It  shall  be  the  duty  of  the  governor,  to  provide  within  Distribution  of 
three  years  after  the  passage  of  this  act,  for  each  of  the  coun-  standards^  ro 
ties  of  this  commonwealth,  at  the  charge  of  the  counties  res-  vlded^or.  PF° 
pectively,  positive  standards  of  measures  of  length,  of  capacity, 

and  of  weight  of  the  several  denominations  in  common  use,  or 
such  of  them  as  may  be  necessary  for  the  accurate  and  con¬ 
venient  adjustment  of  weights  and  measures,  said  standards 
to  be  of  approved  construction,  carefully  compared  with  the 
state  standards  aforesaid,  and  made  of  the  same  material,  and 
having  caused  the  same  to  be  duly  stamped,  to  have  them 
delivered  to  the  commissioners  of  the  counties  respectively, 
to  be  used  as  standards  for  the  adjusting  of  weights  and  mea¬ 
sures,  and  for  no  other  purpose. 

X.  It  shall  be  the  duty  of  the  commissioners  of  the  respec-  Verification  of 
tive  counties,  at  least  once  in  every  ten  years,  and  oftener  if  standards  ^  r 
they  have  reason  to  believe  it  necessary,  to  cause  the  stan-vided  for. 
dards  of  the  respective  county  to  be  examined  and  tried,  and 

if  necessary,  to  be  corrected  or  renewed  according  to  the 
standards  of  the  commonwealth  heretofore  referred  to. 

XL  It  shall  be  the  duty  of  the  governor,  within  ten  years  ^ards  to  be  re" 
after  the  passage  of  this  act,  to  cause  the  positive  standards  ferred  to  natu- 
herein  described,  to  be  referred  to  natural  invariable  standards,  ral  and  invari- 
and  to  deposite  in  the  office  of  the  secretary  of  the  common-  able  standards, 
wealth  the  authentic  certificates  of  such  reference,  with  the  ap¬ 
paratus  by  which  it  was  made,  the  length  of  the  standard  yard 
to  be  compared  with  that  of  the  pendulum  vibrating  seconds, 
at  a  certain  and  defined  spot  in  the  Independence  square,  in 
the  city  of  Philadelphia,  or  in  some  unalienable  public  pro¬ 
perty,  at  an  ascertained  and  convenient  temperature  and  pres¬ 
sure  ;  all  the  circumstances  of  the  comparison  to  be  stated, 
the  standard  of  weight  to  be  compared  with  that  of  one  hun¬ 
dred  standard  cubic  inches  of  water  at  its  maximum  density, 
and  at  a  convenient  atmospheric  pressure. 

XII.  The  denominations  of  linear  measure  of  this  com-  pon^Qf°^na" 
mon wealth,  whereof  the  yard,  as  heretofore  provided,  is  the  g°res 
standard  unit,  with  the  relations  thereof,  shall  be  as  follows :  ed. 

Twelve  inches  make  one  foot. 

Three  feet  make  one  yard. 

Five  and  a  half  yards  make  one  rod,  pole  or  perch. 

Forty  rods  make  one  furlong. 

Eight  furlongs  make  one  mile. 

XIII.  The  denominations  of  superficial  measure  of  this  superficial 
commonwealth,  whereof  the  square  of  the  linear  yard  as  here-  measures* 
tofore  provided  is  the  standard  unit,  with  the  relations  to  said 

standard  and  to  each  other,  shall  be : 

Thirty  and  one-fourth  square  yards  make  one  pole  or  perch. 

112 


722 


ACTS  OF  ASSEMBLY. 


Forty  square  poles  make  one  rood. 

Four  square  roods  make  one  acre. 

Six  hundred  and  forty  acres  make  one  square  mile. 

Of  liquid  mea-  XIV.  The  denominations  of  liquid  measure  of  this  com- 
?ure*  monwealth,  whereof  the  gallon,  as  heretofore  provided,  is  the 

standard  unit,  with  the  relations  to  said  unit  and  to  each  other, 
shall  be: 

Four  gills  make  one  pint. 

Two  pints  make  one  quart. 

Four  quarts  make  one  gallon. 

Thirty-one  and  a  half  gallons  make  one  barrel. 

Two  barrels  make  one  hogshead. 

Two  hogsheads  make  one  pipe. 

Two  pipes  make  one  tun. 

Of  dry  mea-  XV.  The  denominations  of  dry  measure  of  this  common- 
sure.  wealth,  whereof  the.  bushel,  as  heretofore  provided,  is  the  stan¬ 

dard  unit,  with  the  relations  to  said  standard  and  to  each 
other,  shall  be : 

Four  pecks  make  one  bushel. 

And  the  minor  divisions  of  the  peck  shall  be  its  aliquot  parts: 
Provided ,  That  the  form  of  the  dry  measure  shall  be  conical* 
that  the  diameter  of  the  circle  of  the  top  of  the  measure  shall 
be  not  less  than  one -twentieth  greater  than  the  diameter  of 
the  bottom  of  the  measure,  and  the  height  not  more  than  nine- 
twelfths  of  the  diameter  of  the  bottom. 

Of  weights  re-  XVI.  The  denominations  of  weight  of  this  commonwealth, 
ferring  to  the  whereof  the  troy  pound,  as  heretofore  provided  is  the  stan- 
troy  standard,  dard  unit,  with  the  relations  thereof  to  said  standard  and  to 
each  other,  shall  be: 

Twenty-four  grains  make  one  penny-weight. 

Twenty  penny- weights  make  one  ounce. 

Twelve  ounces  make  one  pound. 

Of  weights  re-  XVII.  The  denominations  of  weight  of  this  commonwealth, 
ferring  to  the  whereof  the  pound  avoirdupois,  as  heretofore  provided,  is  the 
avoirdupois  standard  unit,  with  the  relations  to  said  pound  and  to  each 
other,  shall  be : 

Sixteen  drams  make  one  ounce. 

Sixteen  ounces  make  one  pound. 

Twenty-five  pounds  make  one  quarter. 

Four  quarters  make  one  hundred. 

Twenty  hundreds  make  one  ton.62 

Passed  15th  April,  1834.  See  Pamph.  Laws  of  Penn,  session  of 
1833-34,  p.  524-28. 

6  2  Until  the  passage  of  the  act  in  the  text,  the  several  legislative  enact¬ 
ments,  with  respect  to  the  important  subject  of  weights  and  measures,  were  in 
a  confused  and  almost  unintelligible  shape,  notwithstanding  the  frequent  recom¬ 
mendations  of  the  executive  to  the  legislature  calling  for  their  revision.  In 
fact,  no  uniform  standards  of  weights  and  measures  were  in  existence,  by  which 
those  measures  in  general  use  among  the  inhabitants  could  be  correctly  regulated; ' 


ACT  OF  CONGRESS, 


723 


Resolution  relative  to  procuring  a  standard  of  weights  and  measures. 

Resolved ,  8$c.  That  the  expense  of  procuring  standard  Ex  enge 
weights  and  measures,  as  required  by  the  act  of  April  fifteenth,  pro^  uring°stan 
one  thousand  eight  hundred  and  thirty-four,  be  paid  out  of  dards  to  bepd. 
any  unappropriated  moneys  in  the  state  treasury,  upon  the  out  of  the  state 
accounts  being  settled  by  the  proper  officers,  in  the  usual  treasury* 
manner. 

Passed  14th  April,  1835.  See  Pamph.  Laws  of  Penn,  session  of 
1834-5,  p.  438. 


ACT  OF  CONGRESS. 

An  Act  to  continue  the  mint  at  the  city  of  Philadelphia,  and  for 
other  purposes. 

II.  That  for  the  purpose  of  securing  a  due  conformity  in  troy  lb. 

weight  of  the  coins  of  the  United  States,  to  the  provisions  at  London" 

of  the  ninth  section  of  the  act,  passed  the  second  of  April,  in  18*27,  to  be 
one  thousand  seven  hundred  and  ninety-two,  entitled  “An  the  standard  of 
act  establishing  a  mint,  and  regulating  the  coins  of  the  Uni-  tr°y  weight 
ted  States,”  the  brass  troy  pound  weight  procured  by  the 

minister  of  the  United  States  at  London,  in  the  year  one  thou¬ 
sand  eight  hundred  and  twenty-seven,  for  the  use  of  the  mint, 
and  now  in  the  custody  of  the  director  thereof,  shall  be  the 
standard  troy  pound  of  the  mint  of  the  United  States,  con¬ 
formably  to  which  the  coinage  thereof  shall  be  regulated.6  3 

III.  That  it  shall  be  the  duty  of  the  director  of  the  mint  to  Duty  of  the  db 
procure,  and  safely  to  keep,  a  series  of  standard  weights,  cor-  re.ctor  Of  the 
responding  to  the  aforesaid  troy  pound,  consisting  of  an  one  th^standard3^ 
pound  weight,  and  the  requisite  subdivisions  and  multiples  weights,  and 


yet  fines  and  penalties  continued  to  be  imposed,  in  the  public  markets,  on  persons 
using  alleged  false  weights  and  measures,  as  well  as  on  persons  following  the  occu¬ 
pation  of  retailers.  The  neglect,  on  this  subject,  by  the  legislature  of  Pennsylva¬ 
nia,  may  be  attributed  to  the  indisposition  manifested  by  congress  to  exercise  the 
exclusive  power  reserved  to  that  body  by  the  constitution  of  the  United  States,  by  the 
8th  section  of  the  1st  article  of  which  is  enumerated  the  following,  among  others, 
“Congress  shall  have  power,  to  coin  money,  regulate  the  value  thereof,  and  of  fo¬ 
reign  coin,  and  fix  the  standard  of  weights  and  measures .”  This  power  congress  have 
not  yet  thought  proper  to  exercise — so  that  the  states  are  left  to  the  regulation  of 
their  own  legislative  enactments,  until  it  shall  be  the  pleasure  of  congress  otherwise 
to  direct.  The  act  in  the  text,  when  considered,  as  connected  with  previous  enact¬ 
ments  on  the  same  subject,  renders  the  regulations  as  to  weights  and  measures  as 
perfect,  in  Pennsylvania ,  as  is  necessary  for  all  the  common  purposes  of  trade  and 
commerce.  See  note,  ante ,  p.  52,  and  Index ,  ante,  p.  507-8.  See,  also,  the  act  of 
10th  March,  1818,  7  Smith ,  79.  Pamph.  Laws  of  Penn.  sess.  of  1818-19,  p.  182,  ante 
p.  43;  and  the  act  of  the  29th  of  March,  1813,  6  Smith,  p.  88.  Purdon,  79 6. 

63  For  the  9th  sect,  of  the  act  of  congress,  entitled  “An  act  establishing  a  mint, 
and  regulating  the  coins  of  the  United  States,”  passed  the  2d  of  April,  1792,  see 
Laws  U.  S.  vol.  2,  pages  265-6. 


724 


GRADING  OF  STREETS. 


have  them  re-  thereof,  from  the  hundredth  part  of  a  grain  to  twenty-five 
gulated  once  a  pounds;  and  that  the  troy  weights  ordinarily  employed  in  the 
year*  transactions  of  the  mint,  shall  be  regulated  according  to  the 

above  standards,  at  least  once  in  every  year,  under  his  inspec¬ 
tion;  and  their  accuracy  tested  annually  in  the  presence  of 
the  assay  commissioners,  on  the  day  of  the  annual  assay.6  4 

Passed  and  approved  19th  May,  1828;  Pamph.  Laws  of  the  U.  States, 
session  of  1827-28,  page  55. 


CHAPTER  CCXXIII. 

An  Ordinance  establishing  the  grade  of  Water  street,  Monongahela 
Wharf,  &c. 

Water  st.  to  be  I-  That  the  committee  on  wharves  be  authorized  and  re¬ 

graded  accord- quired  to  grade  Water  street  and  Monongahela  Wharf,  from 
ing  to  diagram,  Grant  street  to  the  Point,  agreeably  to  a  diagram  in  the  of- 
&jC'  fice  of  the  recording  regulator.  Said  street  to  be  thirty-five 

feet  wide  from  the  curb  to  the  line  of  the  wharf.  The  wharf 
to  extend  from  the  line  of  the  street  two  hundred  and  twenty- 
seven  feet  to  low  water  line,  at  a  regular  descending  grade 
From  Grant  st.  from  the  line  of  the  street.  This  distance  from  the  line  of 
to  the  Point.  Water  street  to  be  preserved  from  Grant  street  to  West  street; 

from  West  street  to  the  Point  the  water  line  to  be  preserved 
terminating  at  the  Point,  one  hundred  and  twenty-eight  feet 
from  the  line  of  Water  street,  as  laid  down  on  said  diagram. 

II.  That  a  curb  of  wood  or  stone,  shall  be  placed  at  the 
belaid*01*6  10  Ierm^nat*on  °f  the  grade  at  the  water  line,  to  correspond  with 
the  pavement,  said  curb  to  be  supported  by  a  rough  battered 
stone  wall. 

Arrangement  HI.  That  there  shall  be  placed  sixty  feet  from  the  curb  of 
of  fastenings  the  wharf,  a  row  of  fastenings,  forty  feet  apart,  along  the 
for  boats,  &c.  wharf;  fifty  feet  above  which  another  row,  same  distance 
apart,  and  fifty  feet  above  this  second  row,  another  row,  same 
distance  apart,  arranged  as  laid  down  on  the  diagram,  which 
fastenings  shall  be  either  of  locust  not  less  than  seven  feet 
long,  with  a  ring  and  links  similar  to  those  now  in  use,  or  a 
chain  securely  fastened  around  a  stone  not  less  than  three 
feet  long,  and  one  foot  in  diameter,  to  be  placed  not  less  than 
five  feet  below  the  surface  of  the  ground. 

Culverts  to  be  IV.  That  a  culvert  shall  be  placed  at  each  of  the  following 
erected  and  named  places,  not  less  than  three  feet  in  diameter,  viz :  at 
placed.  Grant  street,  Cherry  alley,  Smithfield,  Wood,  Market,  Ferry, 

6  4  The  day  of  the  annual  assay,  and  the  manner  of  assaying  the  coins  of  the 
United  States,  are  fixed  and  regulated  by  the  18  th  sect.  of  the  act  of  the  2d  of  April, 
1792.  Laws  U.  S.  vol.  2.  p.  268.  See  also,  supplement  thereto,  vol.  3,  p.  428— 
and  the  late  act  of  congress  as  to  the  gold  coins  of  the  United  States. 


HUCKSTERS,  &c. 


725 


Short,  Liberty  and  Penn  streets,  and  between  Penn  street 
and  the  Point,  as  marked  on  the  diagram. 

V.  That  each  and  every  part  of  any  ordinance  inconsistent  Repealing 
with  the  provisions  of  this  ordinance,  is  hereby  repealed.6  5  clause. 

Passed  13th  June  1836;  and  recorded  16th  June,  1836,  in  Book  A. 
pages  230,  &c. 


CHAPTER  CCXXIV. 

An  Ordinance  relating  to  hucksters,  and  for  other  purposes. 

I.  That  the  mayor  be  and  he  is  hereby  authorized  to  grant 
licenses  to  persons  following  the  business  of  selling  country 
produce  at  second  hand,  to  have  portable  stalls  placed  within 
the  market  place,  at  the  Diamond  market  house,  at  such  place 
or  places  as  may  from  time  to  time  be  directed  by  the  officer 
of  said  market,  for  the  purpose  of  exposing  to  sale,  such  arti¬ 
cles  of  country  produce  as  they  may  have  purchased  without 
the  limits  of  the  city. 

II.  That  each  and  every  person  wishing  to  be  licensed  for 
the  purposes  aforesaid,  shall  pay  the  mayor  for  the  use  of  the 
city,  the  sum  of  $10  per  year,  and  occasional  visiters  the  sum 
of37£  cents  for  each  day  they  may  occupy  a  portable  stall, 
said  37 i  cents  per  day  to  be  paid  to  the  clerk  of  the  markets, 
for  the  use  of  the  city. 

III.  That  there  shall  be  full  power  vested  in  the  mayor  and 
aldermen  of  the  city  of  Pittsburgh  in  cases  of  conviction,  un¬ 
der  any  of  the  ordinances  which  impose  a  fixed  penalty,  to 
fine  from  one  dollar,  up  to  the  sum  or  sums  so  fixed,  as  the 
equity  of  the  case  may  require. 

IV.  That  so  much  of  any  ordinance  or  ordinances,  as  may 
be  hereby  altered  or  supplied,  be,  and  they  are  hereby  altered 
and  repealed.66 

Passed  13th  June,  1836;  and  recorded  16th  June,  1836,  in  Book  A. 
page  230. 


Licenses  to  be 
granted  to  per¬ 
sons  using  por¬ 
table  stalls  at 
the  Diamond 
market  house. 


Annual  and 
daily  rent  of 
moveable 
stalls. 


Fines  and  pe¬ 
nalties  to  be 
inflicted. 


Repealing 

clause. 


65  See  chap.  23,  ante,  p.  128-9,  entitled  “An  ordinance  respecting  foot  pave¬ 
ments  on  the  river  Monongahela;”  and  chap.  79,  ante ,  p.  166-7,  entitled  “A  further 
supplement  to  an  ordinance,  entitled  ‘An  ordinance  to  prevent  obstructions  and 
nuisances  in  Water  street,”  chap.  45,  ante ,  p.  143,  and  also  chap.  6,  ante,  p.  78.  For 
the  regulation  of  the  streets  herein  mentioned,  see  Index,  titles  “  Paving  and  Gra¬ 
ding,”  and  “Wharves  and  Landings.” 

66  For  the  general  law  respecting  hucksters,  see  chap.  8,  ante,  p.  80  to  89,  entitled 
“An  ordinance  regulating  the  markets,  and  prescribing  the  duties  of  the  clerk  of  the 
market  and  weigh-master,”  passed  7th  Sept.  1816;  and  chap.  78,  ante,  p.  163-66, 
entitled  “An  ordinance  for  the  erection  of  two  weigh  houses  in  the  market,  and  for 
other  purposes,”  passed  6th  June,  1823;  and,  also,  chap.  108,  ante,  p.  193-95,  enti- 
tied  “An  ordinance  on  the  subject  of  the  market  house,”  passed  29th  October,  1827. 
See,  also,  Index,  titles  “Markets  and  Market  Houses,”  “  Moveable  Stalls,”  “Fines 
and  Penalties.” 


726 


ACTS  OF  ASSEMBLY. 


CHAPTER  CCXXV. 

An  Ordinance,  altering  and  fixing  the  salaries  of  the  night  watch. 

Monthly  sala-  I.  That  from  and  after  the  first  day  of  May,  1836,  the 
ries  of  officers  monthly  compensation  of  the  captain  of  the  watch  shall  be 
raisedatChmCn  t^1’l  t^"°n8  ^°^ars>  lieutenant  of  the  watch,  twenty-six  and  a 
half  dollars;  and  the  watchmen  each,  twenty-six  dollars;  and 
that  the  mayor,  as  directed  by  the  ordinance  establishing  the 
watch,  be  authorized  to  draw  his  warrant  on  the  treasury  for 
the  several  amounts. 

Repealing  II.  That  so  much  of  any  ordinance  as  is  hereby  altered  and 
clause.  supplied,  be  and  the  same  is  hereby  repealed.6  7 

Passed  13th  June,  1836;  and  recorded  16th  June,  1836,  in  Book  A. 
page  229. 


ACT  OF  ASSEMBLY. 

GENERAL  SCHOOL  LAW. 

An  Act  to  consolidate  and  amend  the  several  acts  relative  to  a  gen¬ 
eral  system  of  education  by  common  schools.  6  8 

Formation  of  I.  Be  it  enacted ,  Sfc.  That  every  township,  borough  or 
separate  ward  in  this  commonwealth,  not  within  the  city  and  incorpo- 
tricts°l  dlS"  ratec*  districts  of  the  county  of  Philadelphia,  shall  constitute 
a  school  district:  Provided,  That  any  borough  which  is,  or 
may  be  connected  with  a  township,  in  the  assesmentof  coun¬ 
ty  rates  and  levies,  shall,  with  the  said  township,  form  a  dis¬ 
trict. 

Time  &  place  II.  Annually  at  the  same  time  and  place  that  elections  are 
of  electing  held  for  supervisors  and  constables,  and  in  wards  and  bo- 
iors*01  direc"  roughs,  at  the  time  and  place  of  the  borough  elections,  and  in 
like  manner,  two  persons  shall  be  elected  school  directors  for 
each  district,  whose  term  of  office  shall  be  three  years;  and 
the  persons  so  elected  shall  be  notified  thereof  within  five 
days,  by  the  judges  of  said  election:  Provided ,  That  in  dis- 

6  7  This  ordinance  repeals  and  supplies  the  15th  sect,  of  the  ordinance,  chap. 
220,  entitled  “An  ordinance  for  the  establishment  of  a  permanent  watch,”  ante ,  p. 
712,  passed  26th  March,  1836. 

6  8  This  act,  being  of  general  importance,  and  of  recent  enactment,  is  inserted 
at  large  in  this  edition  of  the  city  ordinances,  in  order  to  facilitate  a  ready  reference 
to  its  various  provisions.  See  note  27,  to  chap.  196,  ante ,  p.  684;  and,  also,  article 
in  the  appendix,  entitled  “  common  schools  and  general  system  of  education.”  All 
former  laws  on  this  subject,  are  repealed  and  supplied  by  the  act  in  the  text;  but 
see  act,  No.  102,  entitled  “An  act  to  establish  a  general  system  of  education  by  com¬ 
mon  schools,”  passed  1st  April,  1834,  Pamph.  Laws  of  Penn,  session  of  1833-34,  p. 
170-79,  and  the  supplement  thereto.  No.  176,  passed  15th  April,  1835,  Pamph.  Laws 
of  Penn,  session  of  1834-35,  p.  365-67. 


ACTS  OF  ASSEMBLY. 


727 


tricts  where  directors  have  not  been  elected,  or  in  new  dis-  Elections  in 
tricts,  which  may  be  established  by  the  division  of  a  township  new  districts, 
or  otherwise,  six  directors  shall  be  elected  in  such  districts  at 
the  first  election,  two  to  serve  one  year,  two  to  serve  two  years, 
and  two  to  serve  three  years. 

III.  Within  twenty  days  after  said  election,  each  board  of  Organization 
school  directors  shall  organize  by  choosing  a  president  and  Gf  the  board  of 
secretary  out  of  their  own  body;  they  shall  also  appoint  a  directors,  &c. 
treasurer  for  the  district,  and  shall  require  him  to  give  suffi¬ 
cient  security  to  insure  the  faithful  performance  of  his  duty; 

they  shall  also  have  power  to  fill  any  vacancy  which  may  oc¬ 
cur  in  their  board,  by  death,  resignation,  or  otherwise,  until 
the  next  election,  when  such  vacancy  shall  be  filled  by  elect¬ 
ing  a  person  to  supply  the  same. 

IV.  The  school  directors  of  every  school  district  which  has  Taxes  to  bean- 
adopted  the  common  school  system,  or  which  may  hereafter  nually  levied, 
adopt  the  same,  shall  annually,  on  or  before  the  first  Monday 

of  May,  authorize  to  be  levied  such  an  amount  of  tax  on  said 
district  as  they  may  think  necessary  for  school  purposes;  not 
less  than  equal  to,  nor  more  than  treble  the  amount  which  the 
district  is  entitled  to  receive  out  of  the  annual  state  appropri¬ 
ation  :  and  for  the  purpose  of  raising  any  additional  sum  that 
may  be  deemed  necessary,  meetings  shall  be  called  of  the  tax-  ■Publ,c  n?e® ^ 
able  inhabitants  of  the  township  or  district,  by  the  directors,  orf  the  1st 
on  the  first  Tuesday  of  May  annually;  notice  of  the  time  and  Tuesday  of 
place  of  holding  such  meeting  being  first  given  by  at  least  six  May  annually, 
advertisements  put  up  in  the  most  public  places  in  such  town¬ 
ship  or  district,  for  the  space  of  two  weeks,  a  majority  of  whom 
shall  decide  by  ballot,  how  much  and  what  additional  sum 
shall  be  raised  for  school  purposes;  and  any  additional  sum 
so  authorized,  shall  be  assessed  and  collected,  paid  over  and 
distributed  in  the  same  manner  that  is  provided  for  by  this 
act. 

V.  The  assessor  of  every  ward,  township  or  borough,  com-  Assessors  to 
posing  any  school  district  as  aforesaid,  shall  upon  demand,  furnish  correct 
furnish  the  school  directors  of  the  district  with  a  correct  copy  copies  of  their 
of  the  last  adjusted  valuation  in  the  same  for  county  purposes;  dupbcates. 
whereupon  the  board  of  directors  shall,  on  or  before  the  first 

day  of  June,  annually,  proceed  to  levy  and  apportion  the  said 
tax  as  follows,  viz : 

1.  On  each  male  taxable  inhabitant  of  the  district,  a  poll  p0q  fax  an(j0. 

tax  at  their  discretion,  not  exceeding  fifty  cents.  ther  taxes  to 

2.  On  all  offices  and  posts  of  profit,  professions,  trades  and  be  levied  for 
occupations,  and  on  all  single  freemen  above  the  age  of  twen-  scbo°l  purpo- 
ty-one  years,  who  do  not  follow  any  occupation,  not  exceed- ses* 

ing  the  amount  assessed  on  the  same  for  county  purposes. 

3.  On  personal  property  which  was  made  taxable  by  an  act 
entitled  “An  act  assessing  a  tax  on  personal  property,  to  be 
collected  with  the  county  rates  and  levies,  for  the  use  of  the 


728 


ACTS  OF  ASSEMBLY. 


Mode  of  levy¬ 
ing,  apportion¬ 
ing  and  collec¬ 
ting  of  taxes 
for  school  pur¬ 
poses. 


Mistakes  to  be 
rectified,  and 
exonerations 
to  be  entered 
of  record. 


Powers  and 
duties  of  col¬ 
lectors. 


Taxes  on  un¬ 
seated  lands, 
how  to  be  col¬ 
lected. 


commonwealth,”  passed  the  twenty-fifth  day  of  March*  one 
thousand  eight  hundred  and  thirty-one;  and  the  said  property 
shall  continue  to  be  assessed  according  to  the  provisions  of 
said  act,  and  upon  all  property  now  taxable  for  county  pur¬ 
poses:  Provided ,  That  said  act  taxing  personal  property, 
shall  not  be  so  construed  as  to  make  widows’  dower  liable  to 
the  payment  of  taxes,  and  upon  all  property  now  taxable  for 
county  purposes.6  9 

VI.  When  the  school  tax  is  so  levied  and  apportioned  in 
any  district,  the  secretary  of  the  board  of  directors  shall  make 
out  a  correct  duplicate  of  the  same,  and  the  president  of  the 
board  shall  issue  his  warrant,  with  the  duplicate  aforesaid,  to 
the  township  or  borough  collector,  or  to  some  other  suitable 
person  residing  within  the  district,  to  collect  the  said  tax,  and 
shall  require  from  him  sufficient  security  to  insure  the  faithful 
discharge  of  his  duty;  and  the  board  of  directors  of  each  dis¬ 
trict  shall  have  the  right,  at  all  times,  to  make  such  abatement 
or  exonerations  for  mistakes,  indigent  persons,  unseated 
lands,  doc.  as  to  them  shall  appear  just  and  reasonable;  and 
the  secretary  of  the  board  shall  enter  in  a  book  or  books, 
to  be  kept  by  him  for  that  purpose,  the  names  of  all  persons 
so  abated  or  exonerated,  together  with  the  reasons  for  such 
exonerations, 

VII.  The  said  collectors  shall  have  like  powers  to  enforce 
the  payment  of  the  school  tax  as  collectors  of  county  rates 
and  levies  have  to  enforce  the  payment  of  the  same,  and  shall 
receive  the  like  compensation  for  his  services,  from  time  to 
time,  as  the  said  tax  is  collected,  the  collector  of  the  district 
shall  pay  the  amount  over  to  the  district  treasurer,  and  shall 
settle  up  his  duplicate  on  or  before  the  time  fixed  upon  in  the 
warrant  of  the  president,:70  Provided ,  That,  if  the  tax  so  le¬ 
vied  on  unseated  lands  shall  not  be  voluntarily  paid  by  the 
owner  or  owners  thereof,  the  district  collector  shall  certify  the 
same  to  the  county  commissioners,  and  the  said  county  com¬ 
missioners  shall  enforce  the  collection  thereof  in  the  same 
manner  as  the  collection  of  the  taxes  on  unseated  lands  is 
enforced,  when  assessed  for  county  purposes;  and  when  so 
collected,  the  same  shall  be  paid  to  the  district  treasurer,  for 


6  9  For  the  act,  entitled  “An  act  assessing  a  tax  on  personal  property,  to  be  col¬ 
lected  with  the  county  rates  and  levies,  for  the  use  of  the  commonwealth,”  passed 
25th  March,  1831,  see  Pamph.  Laws  of  Penn,  session  of  1830-31,  No.  Ill,  pages 
206-9;  and  see,  also,  the  act,  No.  112,  passed  at  the  same  session,  entitled  “An  act 
to  increase  the  county  rates  and  levies,  for  the  use  of  the  commonwealth.”  Pamph. 
Laws,  209-11.  See,  also,  appendix,  “Common  Schools  and  General  System  of 
Education.” 

7  o  For  the  powers  and  duties  of  “  collectors  of  county  rates  and  levies,”  see  9th, 
15th  and  16th  sects,  of  the  act  of  assembly  of  the  11th  of  April,  1799,  4  Dallas,  508, 
3  Smith,  393,  Pardon's  Digest ,  172-74.  See,  also ,  appendix,  “  Common  Schools  and 
General  System  of  Education.” 


ACTS  OF  ASSEMBLY. 


729 


the  time  being,  by  orders  drawn  by  the  said  commissioners  on 
the  county  treasurer. 

YH[,  The  school  directors  of  every  school  district  which  General  duties 
shall  have  adopted  the  common  school  system,  shall  perform  the  school 
the  following  duties  in  addition  to  those  above  specified: 

1 .  They  shall,  if  they  deem  it  expedient,  divide  the  district  Districfs 
into  sub-districts,  and  shall  establish  a  sufficient  number  of  be  divided  into 
common  schools  for  the  education  of  every  individual  above  sub-districts, 
the  age  of  four  years,  in  the  district,  who  may  apply,  either  in 

person  or  by  his  or  her  parents,  guardian  or  next  friend,  for 
admission  and  instruction,  and  shall  keep  the  said  schools 
open  at  least  six  months  in  every  year,  if  they  shall  have  funds 
for  that  purpose. 

2.  They  shall  cause  suitable  buildings  to  be  erected,  rented  Building  of 
or  hired  for  school  houses,  and  supply  the  schools  with  fuel,  school  houses. 

3.  They  shall  exercise  a  general  supervision  over  the  schools  Supervision  of 
of  their  respective  districts,  and  fix  the  amount  of  the  salaries  schools. 

of  the  teachers. 

4.  They  shall  pay  all  necessary  expenses  of  the  schools,  Payment  of 
by  orders  drawn  on  the  district  treasurer,  signed  by  the  presi-  exPenses- 
dent,  and  countersigned  by  the  secretary  of  the  board. 

5.  Each  board  of  directors,  by  one  or  more  of  their  num-  Visitation  of 
ber,  shall  visit  every  school  within  their  district,  at  least  once  schools. 

in  every  month,  and  shall  cause  the  result  of  said  visit  to  be 
entered  on  the  minutes  of  the  board. 

6.  Whenever  it  may  be  necessary  or  convenient  to  estab-  Districts  may 
lish  one  or  more  schools ,  out  of  two  or  more  adjoining  dis-be  united, 
tricts,  the  school  directors  of  such  adjoining  districts  may  es¬ 
tablish  and  regulate  such  schools,*  and  the  expense  thereof 

shall  be  paid,  as  may  be  agreed  upon,  by  the  directors  of  said 
adjoining  districts. 

7.  They  shall  annually,  on  or  before  the  first  Monday  in  Annual  reports 
January ,  make  a  report  to  the  superintendent  of  the  common  t0  be  m£^e  to 
schools,  setting  forth  the  number  and  situation  of  the  schools  den^atHarris" 
in  their  district,*  the  character  of  the  teachers,  designating burgii. 
whether  they  are  mate  or  females,*  the  number  and  sex  of  the 

scholars  admitted  during  the  year:  the  branches  of  study 
taught  in  each  school;  the  number  of  months  in  the  year  du¬ 
ring  which  each  school  shall  have  been  kept  open :  the  cost 
of  the  school  houses,  either  for  building,  renting,  or  repairing; 
and  all  other  expenses  which  may  have  been  incurred  in 
maintaining  the  schools  of  their  districts;  together  with  such 
other  information  as  may  be  beneficial  in  forming  a  just  esti¬ 
mate  of  the  value  of  common  schools. 

8.  No  school  director  or  treasurer  shall  receive  any  pay  or  Compensation 
emolument  whatever  for  his  services,  as  such;  but  he  shall  be  &  exemptions 
exempt,  during  the  time  he  continues  to  perform  the  duties  ofto  school  di- 
his  office,  from  military  duty  or  from  serving  in  any  borough reclors* 

or  township  office. 

113 


730 


ACTS  OF  ASSEMBLY 


Formation  of  9.  When  the  school  directors  shall  have  divided  the  seve- 
sub-districts.  ral  districts  into  sub -districts,  for  separate  schools ,  the  voters 
of  each  sub-district  may  meet,  on  notice  being  given,  for  ten 
days  at  least,  signed  by  not  less  than  four  voters  of  said  dis¬ 
trict,  and  choose  a  committee  of  three  of  their  number,  to 
serve  for  one  year ,  who  shall  have  the  appointment  of  the 
teacher  for  such  sub-district. 

Choice  of  10.  The  directors  of  each  school  district  shall  have  the 

schools.  power  to  direct  in  which  of  the  schools,  so  established  in  pur¬ 

suance  of  this  act,  the  individuals  in  said  district  who  may  be 
admitted,  shall  be  instructed. 

Duty  of  direc-  11.  In  case  the  school  directors  deem  it  inexpedient  to  di- 
tors,  in  case  of  vi^e  their  district  into  sub-districts,  or  in  case  the  voters  of 
lect  ^commit-  any  sub-district ,  shall  neglect  or  refuse  to  elect  a  committee , 
tees>  as  provided  for  in  the  ninth  article  of  this  section,  then  the 

duties  of  said  committee  shall  devolve  on  and  be  performed 
by  the  school  directors. 

Duties  of  the  IX.  The  district  treasurer  shall  receive  all  moneys  belong- 
district  treasu-  jng  to  the  district,  whether  the  same  be  derived  from  appro- 
rers*  priations  by  the  state,  district  taxes,  private  donations,  or 

otherwise,  and  shall  pay  out  the  same  on  orders  drawn  by  the 
president  and  attested  by  the  secretary  of  the  board  of  direc¬ 
tors,  by  order  of  the  board,  and  his  accounts  shall  be  audited 
and  adjusted  as  accounts  of  townships  and  boroughs  are  di¬ 
rected  by  law  to  be  audited  and  adjusted. 

Secretary  of  X.  The  secretary  of  the  commonwealth  shall  be  superin- 
the  com’w’th.  tendent  of  the  common  schools,  and  shall  perform  the  follow¬ 
ing  duties: 

Blank  forms,  1.  Prepare  suitable  blank  forms,  with  necessary  instruc- 
^ar  dan d  fur  ^ons>  f°r  niaking  district  reports,  and  for  conducting  the  ne- 
mshed?n  U  pessary  proceedings  under  his  jurisdiction;  and  shall  cause 
the  same,  together  with  all  such  information  as  he  may  deem 
necessary  for  the  further  improvement  of  the  schools,  to  be 
transmitted  to  the  commissioners  of  the  several  counties  for 
distribution  among  the  several  boards  of  directors,  at  the 
same  time  and  in  the  same  manner  as  the  pamphlet  laws  of 
this  commonwealth  are  transmitted,  and  at  such  other  times 
and  in  such  other  manner  as  he  may  think  expedient. 

Annual  report  2.  Prepare  and  submit  an  annual  report  to  the  legislature, 
to  be  made  to  containing  a  statement  of  the  condition  of  the  common  schools 
the  legislature,  throughout  the  commonwealth;  estimates  and  expenditures; 

plans  for  the  improvement  of  the  common  school  system ;  and 
all ‘such  matters  relating  to  his  office  of  superintendent  and 
the  concerns  of  common  schools,  as  he  shall  deem  it  expe¬ 
dient  to  communicate. 

Orders  to  be  3.  sign  all  orders  on  the  state  treasurer  for  the 

drawn  on  the  payment  of  moneys  to  the  treasurers  of  the  several  school  dis- 
state  treasurer  tricts ;  but  no  order  shall  be  drawn  by  him  in  favour  of  any 
in  favor  of  the  district  treasurer  until  he  shall  have  been  furnished  with  a  cer- 


ACTS  OF  ASSEMBLY. 


731 


liiicate,  signed  by  the  president  and  attested  by  the  secretary  district  treasu- 
of  the  board  of  directors  of  the  district,  that  a  sum ,  at  least  rers* 
equal  to  the  amount  of  the  district’s  share  of  the  annual  state 
appropriation  of  two  hundred  thousand  dollars,  has  been  le¬ 
vied  on  said  district  for  school  purposes. 

4.  If  any  controversy  should  arise  among  the  directors  of  Controversies, 
any  district,  or  adjoining  districts,  concerning  the  duties  of^c  amongtbe 
their  office,  the  distribution  of  the  state  appropriation,  or  the  settled  arufad6 
levying  and  collection  of  taxes,  he  is  hereby  authorized  tOjusted  by  the 
settle  and  adjust  the  same,  without  cost  to  the  parties;  and  superintend^, 
all  moneys  reasonably  expended  by  him  in  this  and  other  mat¬ 
ters  appertaining  to  the  execution  of  his  duty  as  superinten¬ 
dent,  shall,  upon  due  proof,  be  allowed  to  him  by  the  auditor 

general,  and  be  paid  out  of  the  state  treasury. 

5.  He  shall  annually,  in  the  month  of  February,  transmit  Annual  ^es^nt 
to  the  commissioners  of  each  county  a  statement  of  the  amount  t^th^county 
that  every  district  therein,  that  has,  and  every  district  that  has  commission’rs 
not  adopted  the  common  school  system,  may  be  entitled  to  in  February, 
receive  out  of  the  annual  appropriation  of  two  hundred  thou¬ 
sand  dollars ;  and  the  commissioners  shall  immediately  cause  To  be  publish- 
such  statement  to  be  published  three  times  in  one  or  more  e  ' 
newspapers  printed  in  said  county:  Provided ,  That  nothing provjsjon  in 
in  any  section  of  this  act  shall  be  so  construed  as  to  deprive  favor  of  dis- 
the  districts  which  have  not  adopted  the  common  school  sys-tricts  not  yet 
tern,  of  their  due  proportion  of  the  common  school  fund,  un-  organized. 

til  after  the  first  of  November,  eighteen  hundred  and  thirty- 
eight. 

XI.  One  hundred  thousand  dollars  in  addition  to  the  one  offund^forthe 
hundred  thousand  dollars  payable  by  the  bank  of  the  United  support  of 
States,  both  of  which  sums  to  be  accounted  and  distributed  common 
as  the  state  appropriation,  are  hereby  appropriated  out  of  the  schools,  regu- 
school  fund  for  the  year  one  thousand  eight  hundred  and lated  after 
thirty-seven,  and  a  like  sum  annually  thereafter;  which  shall 
be  apportioned  among  the  several  school  districts  of  this  com¬ 
monwealth,  and  the  city  and  county  of  Philadelphia,  accord¬ 
ing  to  their  number  of  taxable  inhabitants,  but  shall  only  be 
subject  to  the  drafts  of  the  superintendent  of  common  schools, 
agreeably  to  the  provisions  of  this  act:  Provided ,  That  the 
balance  of  appropriations  made  under  the  act  entitled,  “An  Ba}anceoffb. 
act  to  establish  a  general  system  of  education  by  common  merTppropria- 
schools,”  passed  the  first  day  of  April,  one  thousand  eight  tions,  how  to 
hundred  and  thirty-four,  and  the  supplement  thereto,  and  the  be  setttled  and 
balance  of  the  first  appropriation  of  one  hundred  thousand  accounted  for. 
dollars,  which  shall  remain  undrawn  on  the  first  day  of  No¬ 
vember,  one  thousand  eight  hundred  and  thirty-seven,  and  all 
subsequent  balances,  shall  remain  in  the  treasury,  and  accu¬ 
mulate  for  the  use  of  such  district  or  districts  entitled  to  the 
same,  for  any  term  not  exceeding  one  year  from  and  after  the 
first  day  of  November,  one  thousand  eight  hundred  and  thir- 


732 


ACTS  OF  ASSEMBLY. 


Undrawn  ba¬ 
lances  to  be  re¬ 
paid  into  the 
school  fund 
annually. 


ty-seven;  and  all  such  undrawn  balance  remaining  in  the  trea¬ 
sury  on  the  first  day  of  November,  one  thousand  eight  hun¬ 
dred  and  thirty-eight,  shall  be  repaid  into  the  school  fund; 
and  in  like  manner  the  undrawn  balance  of  subsequent  ap¬ 
propriations  shall  be  repaid  into  the  said  fund  annually  there¬ 
after. 


Presidents  of  XII.  As  soon  as  the  president  of  the  board  of  directors  of 
districts  to  any  school  district  shall  have  issued  his  warrant  for  the  col- 
warrants*on  ^ec^on  a  school  tax,  agreeably  to  the  sixth  section  of  this 
the*  state  trea- act?  shall  certify  the  same,  stating  the  amount  of  such  tax, 
surer,  and  also  the  name  of  the  district  treasurer,  to  the  superinten¬ 

dent  of  common  schools,  who  shall  forthwith  draw  his  war¬ 
rant  on  the  state  treasurer  for  the  whole  amount  such  district 
is  entitled  to  receive. 


Meetings  to  be  XIII.  The  school  directors  of  every  school  district,  which 
held  annually  shali  not  have  adopted  the  common  school  system,  shall  an- 
or  anized3  for  nua^Y  ca^  a  meeting  of  the  qualified  citizens  of  the  district, 
school  purpo- on  day  of  election  for  directors,  to  be  held  at  the  usual 
ses.  place  of  holding  township,  ward  or  borough  elections,  by  at 

least  six  advertisements  put  up  in  the  most  public  places  in 
the  district,  for  the  space  of  two  weeks:  And  the  said  meet- 
Organization  jng  shall  be  organized  between  the  hours  of  one  and  four 
of  such  meet-  0^cioc]^  p  ]\L  on  the  said  day,  by  appointing  a  president, 
and  the  secretary  of  the  board  of  directors,  or  in  his  absence, 
some  other  member  of  the  board,  shall  perform  the  duties  of 
secretary  to  the  meeting.  When  the  meeting  is  so  organized, 
Electors  to  ^  the  question  of  establishing  the  common  school  system  in  the 
‘‘^diool  ^or^  district,  shall  be  decided  by  ballot,  and  the  said  president  and 
“no  school.”  secretary  shall  perform  the  duties  of  tellers  to  the  meeting, 
and  shall  receive  from  every  person  residing  within  the  dis¬ 
trict  qualified  to  vote  at  the  general  election,  a  written  or 
printed  ticket,  containing  the  word  “  school,”  or  the  words 
“  no  school,”  and  shall  continue  without  interruption  or  ad¬ 
journment  until  the  electors  who  shall  come  to  the  said  elec¬ 
tion  shall  have  opportunity  to  give  in  their  respective  votes; 
Counting  of  an^  ^ie  sa^  te^ers  shall  count  the  votes,  and  if  a  majority 
votes.  shall  contain  the  word  “  school,”  the  secretary  shall  certify 

Result  to  be  the  same  to  the  board  of  directors  of  the  district,  who  shall 
certified  to  the  proceed  to  establish  schools  therein  agreeably  to  the  provi- 
county  com-  sions  of  this  act,  but  if  a  majority  shall  contain  the  words 
missioners.  «  no  school,”  the  secretary  shall  certify  the  same  to  the  coun- 
Annual  meet  ^  commissioners  of  the  proper  county :  And  the  school  direc- 
ingsto  be  call- tors  °f  every  school  district  which  may  have  adopted  the  corn¬ 
ed  on  the  first  mon  school  system,  may,  if  they  deem  it  expedient,  call  a 
Tuesday  in  meeting  of  the  qualified  citizens  of  the  district,  on  the  first 
May-  Tuesday  of  May,  in  the  year  one  thousand  eight  hundred  and 

thirty-seven,  and  on  the  same  day  in  every  third  year  there¬ 
after,  to  be  held  at  the  usual  place  of  holding  township,  ward 
or  borough  elections;  at  which  time  and  places  an  election 


ACTS  OF  ASSEMBLY. 


733 


shall  be  held,  to  decide,  by  ballot,  whether  the  common  Question  as  to 
school  system  shall  be  continued  or  not.  The  notice  for  die  contmu- 
holding  such  meetings,  and  the  time  for  and  manner  of  hold-  tQS  bede- 
ing  said  elections,  to  be  in  conformity  with  the  preceding  part  termined. 
of  this  section,  and,  should  there  be  a  majority  of  the  taxable 
inhabitants  of  said  district  in  favour  of 46  no  school,' ”  the  se-  is  c”rried  °to 
cretary  shall  certify  the  same  to  the  county  commissioners  of  be  certified  to 
the  proper  county,  and  the  operation  of  the  common  school  the  commis- 
system  shall  be  suspended,  in  said'  district,  until  such  time  as  loners, 
a  majority  of  the  citizens  shall  otherwise  decide. 

XIV.  The  school  directors  of  every  school  district  in  which  School  direc- 
the  common  school  system  has  been  adopted,  or  shall  hereaf-  tors  authorized 
ter  be  adopted,  shall  have  power  to  purchase  and  hold  real  la^e^and 
and  personal  property  which  may  be  necessary  for  the  estab-  personaiestate 
lishment  and  support  of  said  schools;  and  the  same  to  sell, for  school  pur 
alien  and  dispose  of,  whenever  it  shall  be  no  longer  required  poses. 

for  the  uses  aforesaid;  and  in  all  cases  where  real  estate  is  Of  estates  held 
held  by  trustees  for  the  general  use  of  the  neighbourhood,  ashy  trustees, 
a  school  house  or  its  appendages,  it  shall  be  lawful  for  the 
said  trustees,  the  survivor  or  survivors  of  them,  to  convey 
the  same  to  the  school  directors  aforesaid ;  and  from  thence¬ 
forth  the  said  board  shall  hold  the  said  property  for  the  same 
term  and  for  the  same  uses  for  which  it  was  granted  to  said 
trustees. 

XV.  School  directors  elected  under  the  provisions  of  for-  Provisions  of 
mer  acts,  shall  severally  hold  their  offices  during  the  term  for  former  acts 
which  they  were  elected ;  and  all  appropriations  authorized  by  ^.gnued  111 
former  acts,  whether  by  the  state  or  county,  and  all  taxes  au¬ 
thorized  to  be  raised  for  school  purposes,  shall  be  collected 

as  they  would  have  been  collected  if  this  act  had  not  been 
passed. 

XVI.  The  county  commissioners  of  every  county  within  Duties  of  the 

this  commonwealth,  except  the  county  of  Philadelphia,  when  county  corn- 
levying  a  tax  for  county  purposes,  shall  estimate  the  amount  anTre" 

which  will  be  required  to  educate  the  poor  gratis,  in  the  seve-  g^ated^in  cer" 
ral  districts  of  their  county  which  shall  have  rejected  the  com-  tain  cases, 
mon  school  system;  and  when  an  estimate  is  so  made,  they 

shall  levy  the  amount  on  said  districts,  and  collect  the  same 
in  the  usual  manner,  and  shall  continue  to  provide  for  the 
education  of  the  poor  gratis  therein,  agreeably  to  the  provi¬ 
sions  of  an  act,  entitled  44 An  act  to  provide  for  the  education 
of  the  poor  gratis,”  passed  the  fourth  day  of  April,  one  thou¬ 
sand  eight  hundred  and  nine,7  1  or  such  special  acts  of  as¬ 
sembly  as  may  be  in  force  in  any  of  the  counties  where  there 
may  be  districts  rejecting  the  provisions  of  this  act:  Provi- 

71  For  the  act  of  assembly  of  the  4th  of  April,  1809,  entitled  “An  act  to  provide 
for  the  education  of  the  poor  gratis,”  see  Pamph.  Laics  of  Penn,  session  of  1808-9, 


734 


ACTS  OF  ASSEMBLY. 


the  city  of 
Lancaster. 


ded ,  That  the  whole  expense  thereby  incurred,  shall  be  paid 
out  of  the  amount  levied  on  said  districts  as  aforesaid. 

Schools  en-  XVII.  Where  a  school  is,  or  shall  hereafter  he ,  endowed 
dowed  by  be-  by  bequest,  or  otherwise,  the  board  of  directors  of  the  district 
^ain^under  *n  suc^  sch°°l  located,  are  hereby  authorized  to  allow 
th^direchon^  suc^  sc^°°l  to  remain  under  the  immediate  direction  of  the 
oftrustees,&c.  regularly  appointed  trustees  of  the  same,  and  to  appropriate 
on  certain  con-  so  much  of  the  district  school  fund  to  said  school  as  they  may 
ditions.  think  just  and  reasonable:  Provided ,  That  such  school  shall 

be  generally  conducted  in  conformity  with  the  common  school 
system  of  this  commonwealth. 

Repeal  of  for-  XVIII.  The  act  entitled  “An  act  to  provide  for  a  general 
mer  acts.  system  of  education  by  common  schools,”  and  also  the  sup¬ 
plement  thereto,  passed  the  fifteenth  day  of  April,  Anno  Do¬ 
mini,  eighteen  hundred  and  thirty-five,  are  hereby  repealed: 
Provided ,  That  every  thing  heretofore  done  in  pursuance  of 
said  acts,  shall  be  held  valid.7  2 

Proviso  as  to  XIX.  If  the  corporation  of  the  city  of  Lancaster  shall  at 
any  time  adopt  the  common  school  system,  agreeably  to  the 
provisions  of  this  act,  then  the  act  to  provide  for  the  educa¬ 
tion  of  children  at  the  public  expense,  in  the  city  and  incor¬ 
porated  boroughs  of  the  county  of  Lancaster,  passed  the  first 
day  of  April,  one  thousand  eight  hundred  and  twenty-two,  and 
the  supplement  thereto,  passed  the  first  day  of  April,  one  thou¬ 
sand  eight  hundred  and  twenty-three,  shall,  from  the  time  of 
the  adoption  of  the  common  school  system  in  said  city,  be  in¬ 
operative,  null  and  void. 

Delegateswho  XX.  In  all  cases,  where,  under  “An  act  to  provide  for  a 
did  not  attend  general  system  of  education  by  common  schools,”  and  also 
allowed6  till  ^  ^  suPplement  thereto,  passed  the  fifteenth  day  of  April,  An- 
Aiig'ust  1836  no  Domini,  one  thousand  eight  hundred  and  thirty-five,  the  di- 
to  record  their  actors  of  any  district  may  have  met  and  decided  to  accept  of 
votes,  Ac.  the  law,  and  have  appointed  a  delegate  to  attend  the  county 
convention  for  the  purpose  of  accepting  and  carrying  into  ef¬ 
fect  the  provisions  of  said  law,  but  if  from  any  cause  said  de¬ 
legate  has  failed  to  attend  said  convention,  said  township  shall 
be  entitled  to  all  the  benefits  and  provisions  thereof,  on  the 
same  terms  and  conditions  as  those  who  have  literally  com¬ 
plied  are  entitled:  Provided,  said  delegate  shall, on  or  before 
the  first  day  of  August  next,  record  the  vote  of  said  township 
in  the  affirmative,  with  the  clerk  of  the  convention. 

XXL  The  school  year  mentioned  in  this  act,  and  in  an  act 
entitled  “An  act  to  provide  for  a  general  system  of  education 
by  common  schools,”  and  the  supplement  thereto,  passed  the 


7  2  For  the  act  of  assembly,  entitled  “An  act  to  establish  a  general  system  of 
education  by  common  schools,”  passed  1st  of  April,  1834,  see  Pamph.  Laws  of  Penn. 
session  of  1833-34,  No.  102,  pages  170-79: — and  for  the  supplement  thereto,  passed 
15th  of  April,  1835,  see  Pamph,  Laics  of  Penn,  session  of  1834-35,  No.  176,  pages 
365-67. 


ACTS  OF  ASSEMBLY. 


735 


fifteenth  clay  of  April,  one  thousand  eight  hundred  and  thirty-  School  year  to 
five,  shall  be  taken  and  understood  to  end  on  the  first  Mon-  on  the  1st 
day  of  June ',  to  wit:  The  school  year  of  one  thousand  eight  ^  annually 
hundred  and  thirty-seven,  will  end  on  the  first  Monday  of  June 
of  that  year,  and  so  of  all  other  years. 

XXII.  Immediately  after  the  passage  of  this  act,  the  super-  Copies  of  this 
intendent  of  common  schools  shall  cause  circular  letters,  with  nt 

a  printed  copy  of  this  attached  thereto,  to  be  addressed  to  the  commissinners 
county  commissioners  of  every  county;  and  it  shall  be  the  and  published 
duty  of  every  commissioner  aforesaid  to  cause  the  same  to  be  in  the  newspa- 
published  in  one  and  not  more  than  three  newspapers  in  the  Pers* 
county,  for  three  successive  weeks,  and  the  expense  thereof 
shall  be  defrayed  out  of  the  county  treasury;  and  the  said  su¬ 
perintendent  shall  also  cause  this  act  to  be  printed  in  pam-  Copies  to  be 
phletform,  and  shall  forward  to  the  county  commissioners  of  furnished  to 
each  county  a  number  of  copies  thereof,  equal  to  the  number  c*l_ 

of  school  directors  in  their  county,  to  be  distributed  among 
the  several  boards  of  directors. 

XXIII.  The  act  and  its  supplements  now  in  operation  in  The  23d  sect, 
the  city  and  county  of  Philadelphia,  entitled  “An  act  to  pro-  this  ac.t  re' 
vide  for  the  education  of  children  at  the  public  expense  w i th-  e Shoots 

in  the  city  and  county  of  Philadelphia,”  are  declared  to  be  0f  the  city  and 
concurrent  with  the  provisions  of  this  act,  and  are  in  nowise  county  of  Phi- 
to  be  considered  as  altered,  amended,  or  repealed,  except  so  ladelphia. 
far  that  said  city  and  county  shall  be  entitled  to  receive  their 
due  proportion  and  share  of  the  annual  state  appropriation  of 
two  hundred  thousand  dollars:  Provided ,  That  the  control¬ 
lers  of  the  public  schools  for  the  city  and  county  of  Philadel¬ 
phia  be,  and  they  are  hereby  authorized,  whenever  they  shall 
think  proper,  to  establish  one  central  high  school,  for  the  full 
education  of  such  pupils  of  the  public  schools  of  the  first 
school  district,  as  may  possess  the  requisite  qualifications, 
and  the  moneys  expended  in  the  establishment  and  support 
of  the  said  high  school,  shall  be  provided  and  paid  in  the  same 
manner  as  is  now,  or  shall  hereafter  be  directed  by  law,  with 
respect  to  the  other  public  schools  of  the  said  district:  And 
provided  further ,  That  so  much  of  the  tenth  section  of  the 
act  of  March  3d,  1818,  as  renders  the  exclusive  use  of  the" 

Lancasterian  system  in  the  first  school  district,  obligatory  up¬ 
on  the  controllers  or  directors,  and  all  such  provisions,  (if  any) 
in  the  said  act  and  the  several  supplements  thereto,  as  limit 
the  benefits  of  the  said  public  schools  to  the  children  of  indi¬ 
gent  parents,  and  so  much  of  any  act  as  is  hereby  altered  or 
supplied,  be  and  the  same  are  hereby  repealed ;  and  in  said 
public  schools  all  children  over  four  years  of  age  shall  be  ad¬ 
mitted. 

Passed  13th  June,  1836,  session  of  1835-6. 


736 


ACTS  OF  ASSEMBLY, 


An  Act  relating  to  inspections. 

Flour  &,  meal  ^  enacted,  fyc.  That  all  flour  of  wheat,  flour  of  rye, 

liable  to  in-  and  meal  made  of  Indian  corn,  shall,  if  designed  for  exporta- 
spection  at  lion  from  either  of  the  places  mentioned  in  this  section,  be 
Philadelphia,  liable  to  be  inspected  at  the  respective  places  as  follows,  to 
othfer U laces*1  ^  W^:  ^ ^  ^ie  city  and  county  of  Philadelphia,  by  the  in- 
an ^counties.  sPector  °f  flour  appointed  for  the  said  city  and  county.  2. 

At  the  city  of  Pittsburgh  and  in  the  counties  of  Allegheny, 
Westmoreland,  Washington,  Fayette,  Greene,  Indiana,  Jeffer-  - 
son,  Armstrong,  Butler,  Beaver,  Mercer,  Crawford,  Erie,  War¬ 
ren,  Venango,  by  the  inspector  of  flour  appointed  for  the  said 
city  and  counties. 

Wheat  flour  li-  II.  Flour  of  wheat  which  shall  be  offered  for  sale  in  the 
able  to  inspec- borough  0f  York,  in  the  county  of  York,  and  in  the  borough 
and  Moiuitr  ofPottsville  and  Mount  Carbon,  in  the  county  of  Schuylkill, 
Carbon,  &c.  shall,  upon  the  request  of  the  purchaser  thereof,  be  liable  to 
be  inspected  by  the  inspector  of  flour  appointed  for  the  said 
boroughs. 

Flour  brought  III.  All  flour  which  shall  be  brought  from  any  of  the  ad- 
from  adjoining  joining  states,  into  either  of  the  counties  of  Allegheny,  West- 
leelfenv^&c  "  more^and?  Washington,  Greene,  Fayette,  for  the  purpose  of  be- 
liable  to  in-  offered  for  sale  within  the  said  counties,  shall  be  liable  to 

spection.  the  like  inspection  and  regulation  as  flour  manufactured  with¬ 
in  the  said  counties. 

Also  at  Harris-  IV.  Flour  of  wheat  which  shall  be  offered  for  sale  at  the 
burg,  Colum-  city  of  Lancaster,  or  at  the  borough  of  Columbia,  in  the  coun- 
caster  ^  L&n'  ^  Lancaster,  or  at  the  borough  of  Harrisburg,  in  the  coun¬ 
ty  of  Dauphin,  shall  upon  the  request  of  the  purchaser  there¬ 
of,  be  liable  to  be  inspected  by  the  inspectors  of  flour  ap¬ 
pointed  for  said  city  and  boroughs  respectively. 

Flour  made  in  V.  Provided ,  That  flour  and  meal  manufactured  in  any 
other  states  other  state,  and  put  up  in  casks  which  shall  bear  the  brand  or 
may  be  expor-^g  name  Gf  such  state,  may  be  exported  from  this  common- 
spection°Ut  m”  wealth,  as  the  manufacture  of  the  state  from  which  it  shall 
come,  and  not  as  the  flour  or  meal  of  Pennsylvania,  without 
being  liable  to  inspection  as  aforesaid. 

May  be  trans-  VL  And  provided  also ,  That  such  flour  or  meal  as  shall 
P-edby^nd  ^  mallufactured  within  the  counties  of  Westmoreland,  Wash- 
moreland  &c.  ington,  Greene  and  Fayette,  and  transported  by  land,  out  of 
without  in-  this  commonwealth,  shall  not  be  liable  to  inspection  as  afore- 
spection.  said. 

To  be  made  VII.  All  flour  liable  to  inspection  as  aforesaid,  shall  be 
merchantable,  mac[e  merchantable  and  of  due  fineness,  without  any  mixture 
of  coarser  or  of  different  kinds  of  flour. 

Corn  meal  to  VIII.  All  corn  meal  liable  to  inspection  as  aforesaid,  shall 
be  made  of  kdn  ma(je  Qf  kjin  dried  corn.  It  shall  be  ground  to  a  due  de- 

^rie  coin,  gree  Gf  fineness,  and  be  bolted  and  cooled  before  being  pack¬ 
ed. 


ACTS  OF  ASSEMBLY. 


737 


IX.  Provided ,  That  nothing  herein  contained  shall  be  Sour  and  dam- 
construed  to  prevent  the  exportation  of  sour  or  damaged  flour  aSed  flour  may 
as  such,  if  it  be  so  marked  distinctly  upon  the  casks  contain-  s„c^Xported  as 
ing  the  same,  by  the  inspector  or  deputy. 

X.  Flour  of  wheat  liable  to  inspection  as  aforesaid,  shall  Flour  to  be 
be  packed  in  barrels  or  half  barrels,  well  made  of  good  sea-  packed  in  bar- 
soned  materials,  and  tightened  with  ten  hoops,  sufficiently  ^ade^&c^1 
nailed  with  four  nails  in  each  chine  hoop,  and  three  nails  in  ’  c‘ 
each  upper  bilge  hoop. 

XI.  The  barrels  which  shall  be  used  for  the  purpose  afore-  Size  and  deno- 
said,  shall  be  of  the  diameter  of  sixteen  inches  and  a  half  at  rotation  of 
the  head,  and  shall  be  marked  “  Number  one;’’  and  every  karreh  specifi- 
such  barrel  shall  be  made  of  staves,  twenty-seven  inches  in 

length;  every  half  barrel  which  shall  be  used  for  the  purpose 
aforesaid,  shall  be  of  the  diameter  of  twelve  inches  and  a  half 
at  the  head,  and  shall  be  made  of  staves  twenty-three  inches 
in  length,  and  shall  be  denominated  “Number  two.” 

XII.  Every  barrel  “  Number  one”  of  wheat  flour,  shall  con-  Quantity  of 
tain  the  full  quantity  or  weight  of  one  hundred  ninety-six  flour  to  be 
pounds  of  such  flour.  Every  half  barrel  of  wheat  flour  shall  Packed  in  each 
contain  the  full  quantity  or  weight  of  ninety-eight  pounds  of  ^rrel  speclfi* 
such  flour. 

XIII.  Every  miller  or  bolter  shall  brand  every  barrel  and  Millerto  brand 
half  barrel  of  flour,  put  up  by  him,  with  the  number  one  or  bafre]s 
two,  according  to  the  dimensions  thereof  as  aforesaid,  before  ^number*  of 
the  same  shall  be  removed  from  the  place  where  the  same  denomina- 
was  bolted,  under  the  penalty  of  twenty  cents  for  every  bar-  tions,  &c.  un- 
rel  or  half  barrel  removed  without  being  so  branded.  He  der  a  penalty, 
shall  also,  under  the  like  penalty,  brand  as  aforesaid  every 

barrel  and  half  barrel  of  flour  with  the  weight  of  the  flour 
therein  contained. 

XIV.  Flour  of  rye,  and  meal  made  of  Indian  corn,  liable  How  rye  flour 

to  inspection  as  aforesaid,  may  be  packed  in  barrels  or  half  an(*  meal  may 
barrels,  made  in  the  manner  hereinbefore  described.  be  Packed. 

XV.  Flour  of  rye,  and  meal  made  of  Indian  corn,  liable  to  May  be  pack- 
inspection  as  aforesaid,  may  also  be  packed  in  strong  tight ed  in  punch- 
puncheons  or  hogsheads,  suitable  for  molasses  casks,  well  heads°\\ e?fS" 
made  of  good  seasoned  white  oak  or  red  oak  staves,  with  pine  mead(f’  &c 

or  other  suitable  heads  tightened,  and  bound  with  sixteen 
good  and  sufficient  hoops,  two  of  which  at  least,  namely  the 
second  from  each  chine,  shall  be  of  iron;  they  shall  be  well 
secured  with  at  least  four  nails  in  each  chine  hoop,  and  three 
wooden  plugs  or  pegs  at  the  upper  edge  of  each  upper  bilge 
hoop. 

XVI.  Every  puncheon  or  hogshead  which  shall  be  used  for  gize  ^ 
the  purpose  aforesaid,  shall  be  of  the  following  dimensions,  puncheons, 

to  wit:  The  diameter  at  the  head  shall  be  twenty-seven  &c.  specified, 
inches;  the  diameter  at  the  bung  or  bilge  shall  be  thirty -one 


?38 


ACTS  OF  ASSEMBLY 


in  puncheons. 

Middlings, 
how  to  be 
branded. 


Casks  contain- 


be  tared  and 
marked,  &c. 


inches;  and  every  such  cask  shall  be  made  of  staves  forty-one 
inches  in  length. 

Quantity  of  XVII.  Every  puncheon  or  hogshead  of  rye  flour  or  of  corn 
flour  and  meal  meal,  designed  for  exportation  as  aforesaid,  shall  contain  the 
to  be  packed  full  quantity  or  weight  of  eight  hundred  pounds  nett  of  such 
flour  or  meal. 

XVIII.  Every  cask  of  wheat  flour  of  the  kind  called  mid¬ 
dlings,  liable  to  inspection  as  aforesaid,  shall  be  branded  with 
the  word  “  Middlings”  at  length,  before  it  shall  be  removed 
from  the  mill  or  bolting  house  where  the  same  shall  have  been 
first  packed;  and  in  defuilt  thereof,  the  owner  shall  be  lia¬ 
ble  to  a  penalty  of  ten  cents,  to  be  paid  the  inspector  or  de¬ 
puty. 

XIX.  Every  cask  containing  flour  of  rye  or  corn  meal  as 
ing  rye  flour  &  aforesaid,  shall  have  the  tare  or  weight  of  the  cask  marked 
corn  meal  to  thereon;  it  shall  be  branded  with  the  words  “  Rye  flour”  or 

“ Kiln-dried  corn  meal,”  at  length,  in  a  fair,  distinguishable 
manner,  according  to  its  contents,  and  also  with  the  weight 
of  the  flour  or  meal  contained  therein,  before  it  shall  be  re¬ 
moved  from  the  place  where  the  same  shall  have  been  first 
packed;  and  every  puncheon  or  hogshead  of  such  flour  or 
meal  shall  also  be  branded  with  the  number  66 1800;”  and  if 
any  miller  or  bolter  shall  fail  to  brand  or  mark  any  cask  as 
aforesaid,  he  shall  be  liable  to  a  penalty  of  ten  cents  for  every 
such  cask,  to  the  inspector  or  deputy. 

XX.  Every  miller  or  bolter  of  flour  for  exportation  shall 
have  a  distinguishable  brand  mark,  with  which  he  shall  brand 
each  and  every  cask  of  flour  before  it  shall  be  removed  from 
the  place  where  the  same  shall  be  bolted,  under  the  penalty 
of  ten  cents  for  every  cask,  to  the  inspector  or  deputy,  which 
shall  be  removed  without  being  so  branded. 

XXI.  Every  miller  or  bolter  of  flour  may,  if  he  think  pro¬ 
casks  of  wheat  per,  brand  with  the  word  “  Superfine,”  such  casks  of  wheat 
flour  with  the  flour  as  may  in  his  opinion  contain  flour  of  that  quality,  before 
word  superfine.  removing  them  from  the  place  where  the  same  shall  have  been 

packed,  subject  nevertheless  to  correction  and  alteration  by 
the  officer  appointed  to  inspect  the  same,  if  he  shall  adjudge 
the  flour  to  be  of  an  inferior  quality. 

XXII.  Every  miller  or  bolter  may  if  he  think  proper  brand 
with  the  words  “  Fine  Rye  Flour,”  such  casks  of  rye  flour  as 

flour  with  the  in  his  opinion  may  contain  flour  of  that  quality  before  remov- 
word  fine,  &c.  ing  them  from  the  place  where  the  same  shall  have  been  pack¬ 
ed,  subject  nevertheless  to  correction  and  alteration  by  the 
officer  appointed  to  inspect  the  same,  if  he  shall  adjudge  the 
flour  to  be  of  an  inferior  quality. 

Brands  to  be  XXIII.  The  branding  of  the  word  “  Superfine”  or  “  Fine” 
deemed  a  war-  as  aforesaid,  shall  be  deemed  a  warranty  by  such  miller  or 
ranty.  bolter  that  the  flour  so  denominated  is  of  due  fineness,  and 


Every  miller 
to  have  a 
brand,  &c. 


May  brand 


May  brand 
casks  of  rye 


ACTS  OF  ASSEMBLY. 


739 


good  and  merchantable  according  to  the  standard  of  the  in¬ 
spection  of  flour  required  by  this  act. 

XXIV.  The  inspectors  of  flour  shall  in  performing  the  duties  How  flour 

of  their  respective  office,  view,  and  if  suspected  to  be  of  wrong  shall  be  inspec- 
dimensions,  measure  every  cask  containing  the  flour  or  mealted* 
submitted  to  their  inspection,*  they  shall  bore  the  head  of  each 
cask,  and  with  a  proper  instrument,  pierce  through  the  flour 
or  meal  and  examine  the  same;  if  it  shall  appear  to  be  honest¬ 
ly  and  well  packed,  and  of  sufficient  fineness,  and  in  all  other 
respects  to  be  of  the  proper  quality  to  pass  as  merchantable 
flour  or  meal,  according  to  its  denomination,  the  inspector 
shall  plug  up  the  hole  with  a  plug,  stamped  with  the  appropri¬ 
ate  stamp,  in  the  manner  hereinafter  provided,  and  the  said  in¬ 
spection  shall  be  made  in  the  open  air,  if  the  same  be  deemed 
expedient. 

XXV.  If  the  inspectors  aforesaid,  shall  adjudge  such  flour  The  brand  to 
or  meal  to  be  inferior  to  the  standard  of  the  merchantable  be  cut  out  if 
quality  of  flour  or  meal  indicated  by  the  denomination  “  Su-  A* e  flour  be un- 
perfine,”  66 Fine”  or  “Middlings,”  or  to  the  standard  of  the  merc  antable- 
merchantable  quality  of  wheat  flour,  rye  flour  or  kiln  dried 

corn  meal,  required  by  this  act,  they  are  hereby  required  to 
cut  out  and  totally  destroy  the  brand,  mark  or  denomination 
branded  thereon,  as  aforesaid,  and  mark  on  the  same  such 
word  as  will  designate  the  true  quality  of  such  flour. 

X1XVL  The  inspectors  aforesaid,  shall,  if  they  approve  of  Casks  of  mer- 
the  flour  submitted  to  their  examination  as  merchantable,  chantable  flour 
stamp  the  casks  and  plugs  used  by  them  as  aforesaid,  with  to.be  plugged 
the  letters  following,  according  to  the  place  of  inspection,  to  'Yuo-s8*8™*36** 
wit:  At  the  city  and  county  of  Philadelphia,  with  the  letters  b  ’ 

S.  P.,  the  quality  of  the  flour,  Philadelphia,  month  and  the 
name  of  the  inspector  or  deputy  who  inspected  the  same:  at 
the  city  of  Pittsburgh,  or  in  the  counties  of  Westmoreland, 

Washington,  Allegheny,  Fayette,  Greene,  Indiana,  Jefferson, 

Armstrong,  Butler,  Beaver,  Mercer,  Crawford,  Erie,  Warren, 

Venango,  with  the  letters  W.  P.;  at  the  borough  of  York  and 
in  the  county  of  York,  with  the  letters  B.  Y. ;  at  the  city  of 
Lancaster,  with  the  letters  C.  L. ;  at  the  borough  of  Columbia, 
in  the  county  of  Lancaster,  with  the  letters  B.  C.;  at  the  bo¬ 
rough  of  Harrisburg,  in  the  county  of  Dauphin,  with  the  let¬ 
ters  B.  H. ;  and  at  the  borough  of  Pottsville,  in  the  county  of 
Schuylkill,  with  the  letters  B.  P. 

XXVII.  If  any  miller  or  bolter  of  flour  for  exportation,  as  Forfeiture  for 
aforesaid,  shall  pack  flour  or  meal  in  a  cask  of  any  size  or  di-  packing  flour, 
mensions  not  hereinbefore  specified,  he  shall  forfeit  to  the  pur-  &c- ln  casks  of 
chaser  the  cask  in  which  such  flour  or  meal  shall  have  been  ^^authoriz 
packed,  or  the  value  thereof  in  his  account,  and  the  person  e(j 
who  shall  have  sold  the  same  for  exportation  shall  forfeit  and 
pay  to  the  inspector  of  such  flour  or  meal  twenty  cents  for 
every  such  cask;  and  if  any  miller  or  bolter  of  flour  shall  pack 


740 


ACTS  OF  ASSEMBLY. 


any  flour  or  meal  in  a  cask  not  hooped  and  nailed  as  afore¬ 
said,  he  shall  forfeit  and  pay  to  the  purchaser  thereof  twenty 
cents  for  every  such  cask. 

Penalty  for  XXVIII.  If  any  miller  or  bolter  of  flour  shall  pack  any 
fhanthe  reSqui-cas^  e^her  of  the  dimensions  aforesaid,  with  a  less  quanti- 
red  quantity  in  ty  of  flour  than  is  specified  for  the  same,  he  shall  forfeit  for 
any  cask.  every  pound  wanting  in  weight,  ten  cents,  to  be  paid  to  the 
inspector  or  to  the  deputy  who  may  find  the  same  deficient 
in  weight. 

Mixed  flour  to  XXIX.  All  flour  which  shall  be  offered  for  sale  within  this 
commonweahh?  as  an^  ^or  flour  of  wheat,  or  as  and  for  flour 
wheat  flour  of  rYe?  and  which  upon  inspection,  as  aforesaid,  shall  be  found 
&c.  to  be  a  mixture  of  such  flour  with  meal  of  Indian  corn,  shall 

be  condemned;  and  the  person  offering  the  same  for  sale,  as 
aforesaid,  shall  pay  to  the  inspector  three  dollars  for  every 
such  cask,  one-fourth  for  the  use  of  the  said  inspector  and 
three-fourths  for  the  use  of  the  commonwealth,  and  the  flour 
so  condemned  shall  not  be  exported  under  the  penalties  and 
forfeitures  provided  by  law  against  the  exportation  of  flour 
not  merchantable. 


Penalty  for 
packing  flour 
in  casks  of  un¬ 
seasoned  tim¬ 
ber. 


Penalty  for  la¬ 
ding  flour,  &c. 
liable  to  be  in¬ 
spected,  &c. 
previous  to  in¬ 
spection. 


Penalty  for  of¬ 
fering  to  trans¬ 
port  flour  or 
meal  without 
beingbranded. 

Penaltyforim- 
pressing  the 
words  fine  or 
superfine  on 
casks,  &c. 


XXX.  Every  person  offering  any  flour  or  meal  for  sale  in 
casks  made  of  unseasoned  materials,  shall  pay  to  the  inspector 
of  such  flour  or  meal  twenty-five  cents  for  branding  the  same 
for  each  and  every  such  cask,  and  the  owner  of  such  flour 
shall  have  an  action  for  the  damages  which  may  be  sustained 
thereby  against  the  miller  or  cooper  who  furnished  such  casks, 
and  such  flour  shall  not  be  exported  under  the  penalty  of  one 
dollar  per  barrel. 

XXXI.  No  person  shall  lade  or  ship  for  transportation 
out  of  this  state,  any  flour  or  meal  liable  to  be  inspected  pre¬ 
viously  to  exportation,  as  aforesaid,  before  he  shall  offer  the 
same  to  the  view  and  examination  of  the  inspector  of  flour  of 
the  port  or  place  where  the  same  shall  be  laden  or  intended 
to  be  laden,  or  before  the  same  shall  be  inspected  and  ap¬ 
proved  according  to  law,  under  the  penalty  of  seventy-five 
cents  for  every  cask,  one  half  to  the  use  of  the  person  who 
shall  give  information  thereof  to  the  inspector  or  any  of  his 
deputies,  and  the  other  half  to  the  use  of  the  said  inspector  or 
his  deputy. 

XXXII.  If  any  person  shall  offer  to  transport  any  such 
flour  or  meal  out  of  this  state  without  being  proved  or  brand¬ 
ed  in  the  manner  required  by  this  act,  the  same  shall  be  for- 
.  feited,  the  same  shall  be  sold  by  the  inspector  and  the  pro¬ 
ceeds  thereof  paid  into  the  treasury  of  the  commonwealth. 

XXXIII.  If  any  person  shall  impress  or  brand  the  word 
“Superfine”  upon  any  cask  of  wheat  flour,  or  the  word  “Fine” 
upon  any  cask  of  rye  flour,  after  the  same  shall  have  been 
taken  away  from  the  place  where  the  same  shall  have  been 
packed,  and  before  it  shall  have  been  inspected  and  allowed 


ACTS  OF  ASSEMBLY. 


741 


as  such  by  the  proper  officer,  such  person  shall  be  liable  to 
the  like  penalties  and  punishments  as  are  provided  for  the 
case  of  counterfeiting  or  impressing  counterfeit  brand  marks 
upon  articles  liable  to  inspection. 

XXXIV.  If  any  person  shall  fraudulently  impress  or  cause  Penalty  for 
to  be  impressed  the  brand  mark  “  Superfine”  or  the  similitude  diifg  of 
thereof  upon  any  cask  of  wheat  flour,  or  the  brand  mark  shipping,  &c. 
“Fine,”  or  the  similitude  thereof,  upon  any  cask  of  rye  flour,  wheat  flour  as 
after  the  same  shall  have  been  inspected  as  aforesaid,  or  shall  superfine,  or 
fraudulently  ship  or  attempt  to  ship,  or  lade  or  attempt  to  lade,  j^owing^t  tcf 
on  board  of  any  vessel,  boat  or  other  water  craft,  for  exporta-  be  inferior, &c. 
tion  any  wheat  flour,  the  cask  whereof  shall  bear  the  mark  or 
brand  of  44  Superfine,” or  any  cask  of  rye  flour,  the  cask  where¬ 
of  shall  bear  the  mark  or  brand  of  44  Fine,”  knowing  such 
flour  to  be  of  an  inferior  quality  or  with  design  to  deceive  or 
to  evade  the  regulation  hereby  intended,  such  person  shall 
forfeit  and  pay  two  hundred  dollars  for  every  such  offence, 
which  fine  shall  be  recovered  by  the  attorney  general  for  the 
use  of  the  commonwealth,  and  every  cask  of  such  flour  shall 
be  liable  to  be  seized  and  forfeited,  one  half  for  the  use  of 
the  commonwealth,  and  the  other  half  for  the  use  of  the  per¬ 
son  who  shall  prosecute  the  offender  to  conviction. 

XXXV.  If  any  person  shall  fraudulently  impress  or  cause  pena]ty  for 
to  be  impressed  the  brand  mark  46  Kiln  dried  corn  meal,”  or  fraudulently 
the  similitude  thereof,  upon  any  cask  of  corn  meal  after  the  branding  or 
same  shall  have  been  inspected  as  aforesaid,  or  shall  fraudu-  shipping  un- 
lently  ship  or  attempt  to  ship,  lade  or  attempt  to  lade  on  board  merchantable 
ot  any  vessel,  boat  or  other  water  cratt,  tor  exportation,  any 
corn  meal,  the  cask  whereof  shall  bear  the  mark  or  brand 
aforesaid,  knowing  such  meal  to  be  inferior  to  the  standard  of 
the  merchantable  quality  or  with  design  to  deceive  or  evade 
the  regulation  hereby  intended,  such  persons  shall  be  liable  to 
the  like  forfeitures  to  be  recovered  in  like  manner  and  for  the 
same  use. 

XXXVI.  The  inspector  aforesaid  shall  at  the  request  of  jnSpector  shall 
the  buyer  of  any  casks  of  flour  or  corn  meal,  or  upon  his  sus-  on  request,  or 
picion  of  fraud  or  unfairness,  unpack  the  same  for  exarnina-  suspicion,  un- 
tion;  and  if  he  shall  find  a  less  quantity  of  flour  or  meal  in  Pack  casks  of 
such  cask  than  is  hereinbefore  directed,  or  if  such  cask  con-  mea  * 
taining  flour  meal  shall  be  found  to  weigh  more  than  the 
tare  marked  thereon,  or  the  miller  or  bolter,  as  the  case  may 
be,  who  put  up  the  same,  shall  pay  the  charges  of  unpacking 
or  repacking  over  and  above  the  penalties  provided  in  this  act 
for  such  case;  but  otherwise  the  said  charges  shall  be  paid  by 
the  buyer  if  the  trial  be  made  at  his  request. 

XXXVII.  If  any  person  shall  put  a  false  or  a  wrong  tare  Penalty  for 
upon  any  cask  containing  flour  or  meal  to  the  disadvantage  of  marking  false 
the  purchaser,  such  person  shall  forfeit  for  each  cask  so  false-  tare>  &c* 
ly  tared,  the  sum  of  seventy-five  cents. 


742 


ACTS  OF  ASSEMBLY. 


Millers  to  XXXVIII.  Every  miller  and  bolter  of  flour  for  exportation, 

cause  their  shall  cause  his  brand  mark  as  aforesaid  to  be  entered  with 
entered*' wUh  c^er^  ^ e  court  of  quarter  sessions  of  the  county  where 

the  clerk  of  Q.  resides,  together  with  his  name  and  place  of  residence,  un- 

S.  of  the  co.  der  penalty  of  five  dollars  for  every  month  during  which  he 
under  penalty,  shall  have  exercised  his  said  employment  without  having  made 
such  entry. 

Wagons,  &c.  XXXIX.  Every  cart,  wain  and  wagon,  which  shall  be 
^tT^be^ro’  usec^  to  convey  ^our5  corn  or  mea^  designed  for  exportation 
vided°witha0 "from  the  mill  where  the  same  shall  have  been  put  up  to  the 
good  covering,  place  of  exportation,  or  to  any  other  place,  shall  be  provided 
with  a  good  and  sufficient  covering. 

Open  boats,  XL.  Every  open  boat,  flat  or  shallop,  which  shall  be  used 
i°  blprT  *°  convey  any  flour,  corn  or  meal  from  the  mill  as  aforesaid, 
ficientTarpaul- 01  prom  any  landing  place  to  the  place  of  exportation,  or  to 
ing.  any  other  place,  shall  be  provided  with  a  covering,  or  tarpaul- 

ing,  sufficient  to  secure  the  same  in  case  of  rain. 

Flour  to  be  put  XLI.  Every  person  who  shall  unload  or  discharge  any  flour, 
in  store  or  un-corn  or  meal  designed  for  exportation  at  any  landing  place  or 
der  a  shelter.  0(her  place,  shall  cause  the  same  forthwith  to  be  put  in  a 
store  or  under  a  shelter  sufficient  to  keep  it  dry. 

Carriers  of  XLII.  If  the  carrier  of  any  flour,  corn  or  meal  designed 
flour,  &c.  suf-for  exportation,  shall  cause  or  suffer  the  same  to  be  wet  or  to 
fering  it  to  be  taj^e  ^n^ge  for  want  of  due  care,  or  for  want  of  sufficient 
le^slygesubject  s^le^er  or  covering  as  before  required,  such  carrier  shall  for- 
to  a  penalty,  feit  and  pay  to  the  owner  thereof,  twenty-five  cents  for  every 
cask  of  flour,  com  meal,  bread  and  biscuit,  over  and  above 
the  damage  actually  sustained. 

Masters  of  ves-  XLIII.  The  masters  of  ships  or  other  vessels  having  laden 
sels  to  declare  any  flour,  corn  or  meal  for  exportation  from  this  state,  shall 
refs ^n  their ^ ]n  ^eir  man^est  expressly  and  distinctly  declare  the  number 
manifests,  <&c.  of  the  barrels  or  casks  thereof  laden  respectively,  and  by 
Inspectors  to  whom  each  parcel  thereof  shall  have  been  shipped,  and  the 
proper  inspector  shall  have  free  access  to  such  manifests  or 
declarations  and  liberty  to  take  abstracts  therefrom. 

XLIV.  If  the  master  of  any  vessel  having  shipped  any 
flour,  corn  or  meal,  shall  neglect  or  refuse  to  make  such  de- 
ft**  cases'  claration>  or  shall  refuse  the  said  inspector  access  thereto,  or 
the  liberty  to  take  an  abstract  thereof,  as  aforesaid,  he  shall 
forfeit  and  pay  to  the  said  inspector  the  amount  of  his  fees  for 
inspecting  the  whole  cargo  of  flour  which  shall  have  been 
shipped  as  aforesaid. 

XLV.  The  inspector  of  flour  for  the  city  and  county  of 
the  inspection  Philadelphia,  may  demand  and  receive  for  each  barrel  of 
of  flour,  &c.  hour  or  meal  inspected  by  him,  one  cent;  for  each  hogshead 
of  corn  meal  or  rye  meal  inspected  by  him,  two  cents;  for 
weighing  and  ascertaining  the  under  tare  of  every  hogshead 
or  puncheon,  thirty  cents;  for  every  barrel,  half  barrel  or 
keg,  six  cents.  The  inspectors  of  flour  for  the  city  of  Lan- 


have  free  ac¬ 
cess. 

Penalty  on 
them  for  ne- 


Fees,  &c.  for 


ACTS  OF  ASSEMBLY. 


743 


caster,  for  the  borough  of  Columbia,  in  the  county  of  Lan¬ 
caster,  for  the  borough  of  Harrisburg,  for  the  borough  of  Potts- 
ville,  and  for  the  borough  of  York,  may  demand  and  receive 
for  each  cask  of  dour  inspected  by  them  respectively,  three 
cents.  The  inspector  of  flour  for  the  city  of  Pittsburgh, 
and  the  counties  of  Allegheny,  Westmoreland,  Washington, 

Fayette,  Greene,  Indiana,  Jefferson,  Armstrong,  Butler,  Bea¬ 
ver,  Mercer,  Crawford,  Erie,  Warren  and  Venango,  or  his 
deputies,  may  demand  and  receive  for  each  cask  of  flour  or 
meal  which  he  or  they  shall  actually  examine  at  any  harbor, 
mill  or  landing  place  within  the  said  counties,  three  cents. 

XL VI.  The  inspectors  of  flour  aforesaid,  are  hereby  autho-  jnspect0r  may 
rized  to  demand  and  receive  payment  of  the  fees  of  inspection  demand  his 
from  the  owner  of  the  flour,  meal,  his  agent  or  factor,  or  other  fees  of  the 
person  in  possession  of  the  said  flour  or  meal  at.  the  time  of^r^r’ 
inspection ;  and  the  said  owner,  agent,  factor  or  other  person  possesion, 
in  possession  of  the  said  flour  meal  shall  pay  to  the  said  in¬ 
spector  the  full  amount  of  the  fees  due  and  owing  for  the  said 
inspection. 

XLVII.  The  owner,  his  agent  or  factor,  or  the  person  so  Feesofinspec- 
paying  the  fees  of  inspection,  is  hereby  authorized  to  demand  tl^n^a  °harSe 
and  receive  the  said  fees  from  the  persons  purchasing  from  distinct ^ from^ 
the  owner,  his  agent  or  factor,  or  other  person  in  possession  the  price 
of  the  flour  meal  so  inspected ;  and  the  said  fees  of  inspection  agreed  on. 
so  paid  shall  be  a  charge  on  the  sale  of  the  said  flour  meal  by 
the  owner,  his  agents  or  factors,  or  other  persons  in  posses¬ 
sion  after  its  inspection,  distinct  and  separate  from  the  price 
agreed  on  for  the  said  flour. 

XLVXII.  The  owner  or  possessor  of  any  meal  or  flour  Same  fees  de- 
which  shall  be  adjudged  to  be  unmerchantable  or  not  to  be  mandable 
in  the  condition  required  by  law  for  sale  or  exportation,  as  ^ 

aforesaid,  shall  pay  for  the  inspection  thereof  the  same  fees  yedo^  con*°" 
as  if  the  same  had  been  adjudged  to  be  merchantable  and  fit  demned. 
for  sale  or  exportation. 


II.  Beef  and  Pork. 

XLIX.  Salted  beef  and  pork  shall,  if  designed  for  ship  Salted  beef  &, 
stores  or  exportation  from  the  port  of  Philadelphia,  be  liable  pork  liable  to 
to  be  inspected  by  the  inspector  of  salted  provisions  appoint-  inspection  at 
ed  for  the  said  port.  Philadelphia. 

L.  Provided ,  That  salted  beef  and  pork  as  aforesaid,  provjso  ex- 
which  shall  be  imported  or  brought  from  any  other  state  or  erupting  im- 
country,  and  which  shall  bear  the  brand  of  the  name  of  such  ported  beef  &, 
state  or  country  upon  the  casks  containing  the  same,  may  be  Pork  /rom  ir>* 
sold  or  exported  as  aforesaid,  as  the  product  of  the  state  orsPecti0n- 
country  from  which  it  shall  come,  and  not  as  the  beef  or  pork 
of  Pennsylvania,  without  being  liable  to  inspection  as  afore¬ 
said. 

LI.  Salted  beef  and  pork  liable  to  inspection  as  aforesaid. 


744 


ACTS  OF  ASSEMBLY. 


the  casks. 


Quantity  of 


Beef  and  pork  shall  be  sound  and  otherwise  merchantable-  it  shall  be  well 
to  be  secured  packed  in  tierces,  barrels,  or  half  barrels,  and  be  sufficiently 
with  salt.  secured  with  salt  and  pickle. 

Casks  which  LII.  Every  tierce,  barrel  and  half  barrel,  which  shall  be 
shall  be  used  used  for  the  purpose  aforesaid,  shall  be  made  of  sound  and 
hovv^made^086  we^  seasone^  white  oak  timber,-  it  shall  be  hooped  with  at 
least  fourteen  good  and  substantial  hoops,  and  secured  at  each 
upper  bilge  hoop  by  wooden  pins  or  pegs,  and  at  each  head 
or  chine  hoop  with  at  least  three  iron  nails. 

Dimensions  of  LIII.  The  dimensions  of  the  casks  to  be  used  as  aforesaid, 
shall  be  as  follows:  Every  tierce  shall  be  of  the  gauge  of 
forty-two  gallons,  wine  measure;  every  barrel  which  shall  be 
used  for  the  packing  of  pork,  shall  be  of  the  gauge  of  twenty- 
nine  gallons,  wine  measure ;  every  barrel  which  shall  be  used 
for  the  packing  of  beef,  shall  be  of  the  gauge  of  twenty-eight 
gallons,  wine  measure :  every  half  barrel  which  shall  be  used 
for  the  packing  of  pork  or  beef,  shall  be  of  the  gauge  of  fif¬ 
teen  gallons,  wine  measure. 

LIV.  The  quantity  of  beef  or  pork  which  shall  be  packed 
beef  or  pork  in  jn  every  cask  used  as  aforesaid,  shall  be  used  as  follows:  In 
eac  1  cas  .  eVery  tierce  so  used  shall  be  packed  the  full  quantity  or 
weight  of  three  hundred  pounds;  in  every  barrel  so  used,  the 
full  quantity  or  weight  of  two  hundred  pounds;  in  every  half 
barrel  so  used,  the  full  quantity  or  weight  of  one  hundred 
pounds. 

What  pieces  of  LV.  It  shall  not  be  lawful  for  the  person  packing  or  put- 
beef  may  be  ting  up  any  beef  for  ship  stores  or  exportation  as  aforesaid,  to 
put  or  pack  in  any  tierce  of  beef  more  than  three  legs  or  shins 
of  beef,  or  in  any  barrel  of  beef  more  than  two  legs  or  shins 
of  beef,  or  in  any  half  barrel  of  beef  more  than  one  leg  or  shin 
of  beef. 

What  pieces  of  LVI.  It  shall  not  be  lawful  for  the  person  packing  or  put- 
pork  may  be  ting  up  any  pork  for  ship  stores  or  for  exportation  as  afore¬ 
said,  to  put  or  pack  in  any  tierce  of  pork  more  than  three 
heads  of  pork,  or  in  any  barrel  of  pork  more  than  one  head 
of  pork. 

LVII.  It  shall  also  be  lawful  for  any  person  to  put  up  or 
mess,  prime  &  pack  beef  for  ship  stores  or  exportation  as  aforesaid,  under 
cargo  beef,  the  tbe  denomination  of  “  Extra  Mess,”  66  Mess,”  “  Prime,”  or 
sortmTnTof1^“^ar^0,’  beef  if  the  same  shall  be  of  the  quality  and  assorted 
in  manner  herein  specified,  to  wit:  1.  Extra  mess  beef  shall 
consist  of  the  best  pieces  of  oxen  or  steers,  well  fatted  and 
weighing  at  least  six  hundred  pounds,  exclusively  of  the  hide 
and  tallow.  2.  Mess  beef  shall  consist  of  good  pieces  of 
large  and  well  fatted  cattle,  weighing  not  less  than  four  hun¬ 
dred  pounds,  without  hocks,  shanks  or  any  of  the  neck.  3. 
Prime  beef  shall  consist  of  good  pieces  of  well  fatted  cattle, 
without  hocks  or  more  than  two  shanks  and  one  half  of  a 
neck  to  a  barrel.  4.  Cargo  beef  shall  consist  of  a  proportion 


put  in  each 
cask 


put  in  each 
cask. 


Extra  mess, 


ACTS  OF  ASSEMBLY- 


745 


of  good  pieces  of  fatted  cattle,  without  hocks  or  more  than 
three  shanks  and  one  half  of  one  neck  to  a  barrel. 


LVIIJ.  It  shall  also  be  lawful  for  any  person  to  put  up  or  Mess,  prime  & 
pack  pork  for  ship  stores  or  exportation,  under  the  denomi-  cargo  pork,  the 
nation  of  “  Mess,”  “  Prime”  or  “  Cargo”  pork,  if  the  same  quality  and i  as- 
shali  be  of  the  quality  and  assorted  in  the  manner  herein  spe-S0rtment  it# 
cified,  to  wit:  1.  Mess  pork  shall  consist  of  the  sides  or  rib 
pieces  of  well  fatted  hogs  exclusively  of  other  pieces.  2. 

Prime  pork  shall  consist  of  a  proportion  of  side  pieces,  neck 
and  tail  pieces,  and  each  barrel  of  such  pork  may  contain 
twenty-four  pounds  of  head  properly  dressed  and  prepared, 
but  not  any  greater  quantity  of  head.  3.  Cargo  pork  shall 
be  good  and  merchantable  and  shall  not.  contain  more  than 
thirty  pounds  of  head  prepared  as  aforesaid,  nor  more  than 
four  shoulders  to  a  barrel.  4.  The  side  pieces  aforesaid 
shall  be  cut  from  the  back  bone  to  the  belly,  and  each  piece 
shall  be  about  five  inches  wide  and  shall  weigh  not  less  than 
four  pounds. 

L1X.  The  branding  of  the  words  “  Extra  mess,”  or  the  The  branding 
word  “Mess,”  “Prime”  or  “Cargo,”  as  aforesaid,  by  the  extra  mess> 
owner  or  persons  putting  up  any  beef  or  pork  shall  be  deem-  tyCof  thT' ^rti" 
ed  a  warranty  by  him  that  the  article  so  denominated  is  good  cies 
and  merchantable  and  assorted  according  to  the  requirements 
of  this  act. 

LX.  The  cooper,  packer  or  other  person  putting  up  any  The  cooper  or 
beef  or  pork  liable  to  inspection  as  aforesaid,  shall  distinctly  Packer  shall 
brand  upon  one  of  the  heads  of  the  cask  containing  the  same>  oIT  each  cask6 
the  initial  letter  of  his  Christian  name  and  his  surname  at 


full  length. 

LXl.  The  inspector  aforesaid  shall  brand  upon  every  cask  Inspector  to 
of  beef  or  pork  which  he  shall  find  to  be  merchantable  as  brand  the 
aforesaid,  in  a  plain  legible  manner,  his  name,  the  month  and  Philadd- 
the  word  “  Philadelphia”  at  full  length.  ^  xa' 

LXII.  If  the  inspector  aforesaid  shall  find  upon  the  exam-  Inspectors 
ination  of  any  tierce,  barrel  or  half  barrel  of  beef  or  pork,  shall  efface  the 
that  the  same  is  not  merchantable  as  aforesaid,  he  shall  erase,  brand  marks 
effectually  deface  therefrom  the  brand  marks  of  the  cooPe,j  ^erch  an  table" 
packer  or  person  putting  up  the  same,  and  if  the  same  can- beef  or  pork  & 
not  be  made  merchantable  as  aforesaid,  by  salting,  pickling,  make  the  mark 
re-packing  and  coopering,  he  shall  impress  distinctly  upon°^across  ^ 
one  of  the  heads  of  such  cask,  the  mark  of  a  cross,  (thus 
X,)  each  stroke  of  which  shall  be  at  least  three  inches  in 
length. 

LXIII.  If  any  person  shall  fraudulently  impress  or  brand  pena]ty  for 
the  words  “Extra  mess”  or  the  word  “Mess,”  “Prune”  or  fraudulently 
“Cargo,”  upon  any  cask  of  beef  or  pork  after  the  same  shall  impres’ingcer- 
have  been  inspected  as  aforesaid,  or  shall  fraudulently  ship  tai.n?  words,  & 
or  attempt  to  ship,  lade  or  attempt  to  lade  on  board  of  any  nork^f ban  in- 
vossel  for  exportation  from  the  port  aforesaid,  any  cask  of  ferior  quality. 

1  Iff 


746 


ACTS  OF  ASSEMBLY. 


beef  or  pork  which  shall  bear  the  mark  or  brand  of “  Extra 
mess,”  u  Mess,”  “Prime”  or  “Cargo,”  knowing  such  beef 
or  pork  to  be  inferior  to  the  quality  so  denominated,  or  with 
design  to  deceive  or  evade  the  regulation  hereby  intended, 
such  person  shall  forfeit  and  pay  for  the  use  of  the  common¬ 
wealth,  two  hundred  dollars  for  every  such  offence,  and  such 
beef  and  pork  shall  be  liable  to  seizure  and  forfeiture. 

Penalty  for  set-  LXIV.  If  any  person  shall  sell  and  deliver  for  ship  stores 
ling  for  ship  or  shall  export  or  lade  for  exportation  at  or  from  the  port  of 
stores  or  ex-  Philadelphia,  any  salted  beef  or  pork  liable  to  inspection  as 
Fore^n^ec^6"  af°resa^>  before  the  same  shall  have  been  inspected  and  ap- 
tion  *cPeC  proved  according  to  law,  such  person  shall  forfeit  and  pay  for 
every  cask  so  sold  and  delivered,  exported  or  laden  for  ex¬ 
portation,  one  dollar  and  fifty  cents. 

III.  Salted  Fish. 

Shad  and  her-  LXV.  Shad  and  herring  put  up  in  barrels  or  half  barrels 
ring  liable  to  shall,  if  designed  for  exportation  from  the  port  of  Philadelphia, 
inspection  at  be  liable  to  be  inspected  by  the  inspector  of  salted  provisions 
Philadelphia.  app0jntec[  for  the  said  port. 

Salted  fish  lia-  LXVJ.  Salted  fish  put  up  in  barrels  or  half  barrels  shall, 
ble  to  inspec- before  sale  or  exportation,  be  liable  to  be  inspected  at  the 
tion  at  Pitts- city  of  Pittsburgh  and  at  the  borough  of  Columbia,  in  the 
burgh  and  Co-  county  0f  Lancaster,  by  the  inspectors  of  salted  fish  appoint- 
um  ia*  ed  for  the  said  city  or  borough  respectively. 

Imported  shad  LXVII.  Provided,  That  salted  shad  or  herring  put  up  as 
or  herring  not  aforesaid,  which  shall  have  been  imported  or  brought  from 
to  be  inspect- any  other  state  or  country,  and  which  shall  bear  the  brand  of 
e(h  the  name  of  such  state  or  country,  may  be  exported  from  this 

state  with  the  same  name  branded  thereon,  and  not  as  the  shad 
or  herring  of  Pennsylvania,  without  being  liable  to  inspection 
as  aforesaid. 

Salted  fish  to  LXVIII.  Salted  fish  liable  to  inspection  as  aforesaid,  shall 
be  wellpacked  be  well  packed  and  secured  with  a  proper  quantity  of  dry 
in  casks.  salt,  in  casks,  made  tight  and  sufficient  to  contain  salt  and 
pickle,  hooped  with  at  least  twelve  good  and  substantial 
hoops,  and  secured  at  each  upper  bilge  hoop  with  three  nails 
or  pins,  and  at  each  head  or  chine  hoop  with  at  least  three 
nails. 

n.  .  -  LXIX.  Every  barrel  which  shall  be  used  for  the  purpose 

ba^elTand5  °  aforesaid,  shall  be  of  the  following  dimensions,  to  wit:  The 
half  barrels,  length  of  the  stave  when  in  the  barrel,  shall  be  twenty-seven 
inches  and  a  half;  the  diameter  at  the  head  of  the  barrel  shall 
be  seventeen  inches  and  a  half,  and  the  diameter  at  the  bilge 
shall  be  twenty  inches;  it  shall  be  of  the  gauge  of  twenty- 
eight  gallons,  wine  measure;  every  half  barrel  which  shall  be 
used  for  the  purpose  aforesaid,  shall  be  of  the  gauge  of  four¬ 
teen  gallons,  wine  measure. 

LXX.  Every  barrel  and  half  barrel  of  salted  fish,  liable  to 


ACTS  OF  ASSEMBLY. 


747 


inspection  as  aforesaid,  shall  be  branded  with  the  initial  let-  Packer  of  fish 
ter  of  the  Christian  name,  and  the  surname  at  full  length,  of  shall  brand  his 
the  person  or  persons  putting  up  the  same  or  the  person  Se^"cask6&c 
ing  the  same,  under  penalty  of  seventy-five  cents  for  every  7 
such  cask. 

LXXI.  Every  person  who  shall  bring  any  barrel  or  halfNotice  to  be 
barrel  of  any  such  fish  to  the  said  city  of  Pittsburgh,  or  to  given  at  Pitts- 
the  said  borough  of  Columbia,  shall,  within  eight  days  there- burgh  and  Co- 
after,  deliver  to  the  proper  inspector  or  his  deputy,  a  written  J^bia,  of  fish 
report  of  the  number  of  casks  thereof,  and  the  place  where  1  Within, 

the  same  shall  have  been  deposited,  under  the  penalty  of  one  eight  days,  &c. 
dollar  for  each  and  every  such  cask. 

LXX1I.  Every  cask  containing  salted  fish,  liable  to  in- Inspection  of 
spection  as  aforesaid,  shall  be  inspected  by  opening,  and,  iffishhowmade. 
necessary,  by  unpacking  and  re-packing  the  same,  so  that  the 
inspector  may  judge  of  the  soundness  and  true  package  of 
the  fish,  as  well  as  of  the  contents  of  the  cask. 

LXXIII.  The  inspector  aforesaid  shall  brand,  in  a  plain  Merchantable 
and  legible  manner,  with  the  words  66  Philadelphia,”  “  Pitts-  fish,  how  to  be 
burgh”  or  (( Columbia,”  according  to  the  place  of  inspection,  brandedby  the 
and  also  with  the  name  of  the  kind  of  fish  inspected,  every  inspector, 
cask  thereof  which  upon  inspection  he  shall  find  to  be  sound 
and  merchantable,  and  secured  in  the  manner  aforesaid.  He 
shall  also  brand  thereon  the  initial  letter  of  his  Christian  name 
and  his  surname  at  full  length,  and  either  “  Number  one”  or 
“Number  two,”  according  to  the  quality  of  the  fish;  that  is 
to  say,  fish  of  the  best  quality  he  shall  brand  or  mark  number 
one,  and  fish  of  inferior  quality  number  two. 

LXX1V.  If  the  inspector  shall  upon  examination  find  any  Unmerchanta- 
barrel  or  half  barrel  containing  salted  fish,  not  to  be  of  the  ble  fish  how 
proper  description,  or  if  he  shall  find  the  fish  not  to  be  mer-  *°  branded 
chantable  as  aforesaid,  he  shall  erase  and  effectually  deface  e  lnsPec" 
therefrom  the  brand  marks;  and  if  the  same  cannot  be  made 
merchantable  as  aforesaid,  by  salting,  pickling,  re-picking 
and  coopering,  it  shall  be  the  duty  of  the  inspector  to  impress 
distinctly  upon  such  barrel  or  half  barrel  a  mark  of  condem¬ 
nation,  in  the  manner  following:  1.  If  such  fish  shall  be  in¬ 
spected  at  Philadelphia,  the  inspector  shall  impress  upon  one 
of  the  heads  of  such  cask  the  mark  of  a  cross,  (thus,  X,)  each 
stroke  of  which  shall  be  at  least  two  inches  and  a  half  in 
length;  2.  If  such  fish  shall  be  inspected  at  the  city  of  Pitts¬ 
burgh,  or  the  borough  of  Columbia  aforesaid,  the  inspector 
shall  cause  the  casks  to  be  marked  on  the  bilge  with  a  broad 
arrow,  (thus,  j*,)  or  if  required,  secure  them  for  future  exami¬ 
nation,  which  examination  the  owner  or  person  selling  the 
same,  shall  procure  to  be  made  within  four  days. 

LXXV.  If  any  person  shall  export  or  lade  for  exportation 
from  the  port  of  Philadelphia,  or  shall  sell  and  deliver  for  ex¬ 
portation  from  the  said  port,  any  shad  or  herring  before  the 


748 


ACTS  OF  ASSEMBLY. 


from  Pitts¬ 
burgh  or  Co 
lumbia. 


Penalty  for 
fraudulently 
packing,  &c. 


Penalty  for  ex-  same  shall  have  been  inspected  and  approved  and  branded 
porting,  &c.  and  marked  according  to  law,  such  person  shall  forfeit  and 
without  pay  for  every  cask  thereof  so  exported  or  laden  or  sold  and 
Philadelphia,  delivered,  one  dollar  and  thirty-three  cents. 

Inspector  may  LXXVI.  Provided ,  That  if  any  such  fish  shall  be  laden 
inspect,  &c.  for  exportation  or  shall  be  sold  and  delivered,  as  aforesaid, 
after  payment  without  being  so  branded,  the  inspector  may,  after  the  penal- 
ofthe  penalty.  for  suc}1  neglect  shall  have  been  paid,  brand  the  same  with 
his  own  name,  and  he  may  demand  and  receive  therefor,  from 
the  person  so  lading  or  selling  and  delivering  the  same,  the 
sum  of  six  cents  for  every  such  cask. 

Penalty  for  ex-  LXXVII.  And  if  any  person  shall  export  or  lade  on  board 
porting,  &c.  of  any  boat,  raft  or  other  water  craft  for  exportation  from  the 
city  of  Pittsburgh  or  from  the  borough  of  Columbia,  afore¬ 
said,  or  shall  sell  or  purchase  in  the  said  city  or  borough  any 
salted  fish  put  up  in  barrels  or  half  barrels,  before  the  same 
shall  have  been  inspected  and  approved  and  branded  and 
marked  according  to  law,  such  persons  shall  forfeit  and  pay  for 
every  cask  so  laden,  ten  dollars,  and  for  every  cask  so  sold  or 
purchased,  five  dollars. 

LXXVIII.  If  any  salted  fish,  liable  to  inspection  as  afore¬ 
said,  shall  be  found  upon  the  examination  thereof  by  the  in¬ 
spector,  to  be  fraudulently  packed,  either  by  the  use  of  im¬ 
proper  or  unfit  substance,  or  by  the  intermixture  or  use  of 
fish  of  different  qualities,  the  owner  thereof  or  his  agent  shall 
forfeit  and  pay  for  each  and  every  such  cask  the  sum  of  five 
dollars. 

Liable  to  re-  LXXIX.  Salted  fish,  liable  to  inspection,  as  aforesaid, 
inspection,  af-shall,  if  they  have  remained  on  hand  unsold  or  not  exported 
™l0dntllS,  during  six  months  after  the  inspecting  and  branding  thereof, 
1  0  s  as  aforesaid,  be  again  examined  by  the  inspector,  and  if  found 

to  be  unsound,  shall  be  subject  to  the  regulations  provided 
for  the  case  of  salted  fish  which  have  not  been  inspected. 
Casks tobe fill-  LXXX.  Every  cask  of  salted  fish,  liable  to  inspection, 
cd  by  the  own- shall  be  filled  up  by  the  owner  thereof,  or  by  persons  employ¬ 
er,  and  packed  ed  by  him  for  that  purpose,  and  be  packed  or  re-packed  by 
as  required  by  hjrn  or  q13m  as  the  cas3  may  b3j  an(j  jn  aq  respects  completed 
inspector.  jn  such  manner  as  the  inspector  shall  require  or  direct,  under 
penalty  of  one  dollar  for  each  and  every  cask. 

Feesforthein-  LXXXI.  The  inspector  of  salted  provisions  for  the  port  of 
spection  of  sal- Philadelphia,  and  the  inspectors  of  salted  fish  for  the  city  of 
ted  fish.  Pittsburgh,  and  the  borough  of  Columbia,  may  demand  and 
receive:  1.  For  inspecting,  examining  and  branding  each 
barrel  and  half  barrel  of  salted  fish,  eight  cents.  2.  For 
branding  each  barrel  and  half  barrel  of  salted  herring  with  the 
words,  “  For  bounty,”  and  with  his  own  name,  two  cents. 
3.  For  searching,  packing  or  re-packing,  heading  and  brand¬ 
ing  a  barrel  of  salted  fish,  thirteen  cents. 

LXXXII.  The  inspector  of  salted  provisions  for  the  port 


ACTS  OF  ASSEMBLY. 


749 


of  Philadelphia,  may  demand  and  receive :  1.  For  inspecting,  Fees  for  the 
examining  and  branding  each  tierce,  barrel  and  half  barrel  of  inspection  of 
salted  beef  or  pork,  eight  cents.  2.  For  searching,  packing  s: bee^  & 
or  re-packing,  heading  and  branding  a  tierce  of  salted  beef1 
or  pork,  twenty  cents.  3.  For  searching,  packing  or  re-pack¬ 
ing,  heading  and  branding  a  barrel  or  half  barrel  of  beef  or 
pork,  thirteen  cents. 

LXXXIII.  The  inspectors  aforesaid,  may  also  demand  inspectors 
and  receive  such  other  and  further  allowance  and  compensa-  may  receive 
tion  as  shall  be  reasonable  and  customary  to  allow  for  the  customary 
expense  and  trouble  of  cooperage,  in  putting  each  cask  e 

salted  provisions  into  good  and  merchantable  order  and  con-  or  C00PeraSe- 
dition. 

LXXXIV.  Provided ,  That  the  owner  of  any  salted  pro-  But  the  owner 
visions,  as  aforesaid,  or  his  agent,  may  employ  any  person  ma7  employ 
other  than  the  said  inspector  to  do  the  cooperage  necessary  jo^co^era  e° 
to  put  the  same  in  good  merchantable  order  and  condition,  P  8 
as  aforesaid,  and  in  such  case  the  said  inspector  shall  not  be 
entitled  to  any  allowance  on  account  of  such  cooperage. 

LXXXV.  The  inspectors  aforesaid,  may  demand  and  re-  Fees  for  in- 
ceive  from  the  owner,  possessor  or  person  selling  any  salted  specting  un¬ 
provisions  as  aforesaid,  which  shall  be  adjudged  to  be  un-  merchantable 
merchantable  or  not,  in  the  condition  required  by  law  for  sale  gg^a^m 
or  exportation,  the  same  fees  as  if  the  same  had  been  ad-  chantable. 
judged  to  be  merchantable  and  fit  for  sale  or  exportation. 


IV.  Butter  and  Hog's  Lard . 

LXXXVI.  Butter  and  hog’s  lard  shall,  if  designed  for  ex¬ 
portation  from  any  port  or  place  upon  the  river  Delaware,  be 
liable  to  be  inspected  by  the  inspector  of  butter  and  hog’s 
lard,  appointed  for  the  city  and  county  of  Philadelphia,  or 
his  deputy. 

LXXXVII.  Butter  and  hog’s  lard  liable  to  inspection,  as 
aforesaid,  shall  be  sufficiently  salted  for  exportation,  and 
shall  be  put  up  in  kegs,  half  kegs  or  tubs,  made  of  sound  and 
well  seasoned  white  oak  staves  or  timber,  or  in  canisters: 
Provided ,  That  butter  and  hog’s  lard  from  any  other  state, 
put  up  as  aforesaid,  which  shall  bear  the  brand  or  the  name 
of  such  state,  may  be  exported  from  this  state  with  the  same 
name  branded  thereon,  and  not  as  the  butter  and  hog’s  lard 
of  Pennsylvania,  without  being  liable  to  inspection  as  afore¬ 
said. 

LXXXVITI.  Every  keg  which  shall  be  used  for  the  pur¬ 
pose  aforesaid,  shall  be  sixteen  inches  and  a  half  in  length, 
eleven  inches  in  diameter  at  the  head,  and  thirteen  inches  in 
diameter  at  the  bilge;  it  shall  be  tightened  with  at  least  ten 
hoops,  and  nailed  with  three  nails  in  each  head  hoop.  Every 
half  keg  which  shall  be  used  for  the  purpose  aforesaid,  shall 
be  eleven  inches  and  a  half  in  length,  nine  inches  in  diameter 


Butter  &  lard 
liable  to  be  in¬ 
spected  before 
leaving  the  ri¬ 
ver  Delaware. 

Mny  be  put  in 
kegs,  half  kegs, 
tubs  or  canis¬ 
ters. 


Dimensions  of 
kegs  and  half 
kegs  prescrib¬ 
ed. 


750 


ACTS  OF  ASSEMBLY. 


at  the  head  and  ten  inches  in  diameter  at  the  bilge,  it  shall  be 
tightened  with  at  least  eight  hoops  and  be  nailed  with  three 
nails  in  each  head  hoop. 

Each  keg,  half  LXXXIX.  Every  keg,  half  keg  and  tub,  containing  but- 
keg  and  tub  to  ter  or  lard,  liable  to  inspection,  as  aforesaid,  shall  be  weigh- 
be  tared.  ed,  aiKj  qie  tare  or  w  .jght  thereof  shall  be  marked  before  in¬ 
spection  on  one  of  the  heads  with  a  marking  iron  in  legible 
characters. 


Centre-bit  to  XC.  The  instrument  which  shall  be  used  by  the  inspector, 
be  used,  in  in-  for  the  purpose  of  boring  and  inspecting  packages  containing 
and  lardbUtter  ^utter  or  ^arc^  m  everY  case  be  a  centre-bit,  not  exceeding 
one  half  of  an  inch  in  diameter.  And  the  inspector  shall  not 
make  therewith  a  hole  which  shall  exceed  five  eighths  of  an 
inch  in  diameter.  And  he  shall  carefully  return  the  butter  or 
lard  drawn  out  for  inspection  into  the  package  from  which  it 
shall  be  taken,  and  then  securely  plug  up  the  same  with  suf¬ 
ficient  oaken  plugs. 

How  to  be  XCI.  The  inspector  aforesaid,  shall  brand  distinctly  each 
branded.  package  with  the  initial  letter  of  the  name  of  the  article  in¬ 

spected,  (to  wit,  with  the  letter  B.  or  L.)  which  letter  shall 
not  be  less  than  three-fourths  of  an  inch  in  length. 

The  marks  &  XCII.  The  inspector  aforesaid,  shall  also  use  the  three  fol- 
numbers  to  be  lowjng  marks  and  numbers  in  the  inspection  of  butter  afore- 
natingThe  qua- sa^  >  namely :  “  No.  1,  Extra,”  which  shall  designate  butter 
lity.  of  the  first  and  best  quality;  “No.  1,”  which  shall  designate 

butter  of  the  second  quality;  and  “  No.  2,”  which  shall  desig¬ 
nate  the  third  quality  of  merchantable  butter;  and  no  other 
numbers  shall  be  used  by  such  inspector. 

Kegs,  &c.  of  XCIII.  If  the  inspector  shall  find  any  butter  or  lard  which 
unmerchanta-  \n  hjs  opinion  is  not  merchantable,  he  shall  brand  the  head  of 
lard  ^  °r  eac^  half  keg,  tub,  containing  it,  with  a  distinct  mark  of 
marked  with  a  a  cross,  (thus,  X,)  and  each  stroke  of  the  said  cross  shall  beat 
cross.  least  two  inches  long. 

Every  5th  can-  XCIV.  If  the  butter  or  lard  inspected,  be  contained  in 
ister  only  need  canisters,  it  shall  be  sufficient  if  the  inspector  examine  as 
be  examined,  aforesaid ?  0ne  canister  in  every  five,  marking  the  package  in 
the  manner  aforesaid  containing  such  canisters. 

When  to  be  XCV.  All  butter  and  hog’s  lard  which  shall  be  laden  for 
forfeited  for  exportation  as  aforesaid,  if  not  contained  in  kegs,  half  kegs, 
use  of  the  guar- tubs  or  canisters  as  aforesaid,  shall  be  seized  by  the  said  in- 
^or  I*6  sPector  and  forfeited  to  the  guardians  for  the  relief  and  em- 
poor,  c.  ployment  of  the  poor,  for  the  city  of  Philadelphia,  the  district 
of  Southwark  and  the  townships  of  the  Northern  Liberties 
and  Penn,  for  the  use  of  the  poor  in  the  Alms  House  and 
House  of  Employment,  in  or  near  the  said  city,  together  with 
the  articles  in  which  the  same  shall  have  been  packed;  and 
it  shall  be  the  duty  of  the  said  inspector  forthwith  after  sei¬ 
zure  as  aforesaid,  to  cause  the  same  to  be  delivered  accord¬ 
ingly  :  Provided ,  That  the  porterage  and  other  incidental 


ACTS  OF  ASSEMBLY. 


751 


expenses,  shall  be  paid  by  the  said  guardians  on  the  delivery 
thereof. 

XCVI.  And  if  any  person  shall  export  as  aforesaid  any  Penalty  forex- 
butter  or  hog’s  lard  not  contained  in  kegs,  half  kegs,  tubs  or  porting  butter, 
canisters  as  aforesaid,  such  person  shall  forfeit  a  sum  which  n<?t  con~ 
shall  be  equal  to  the  value  of  the  butter  or  lard  so  exported,  ^cned  m  ke§s' 
and  of  the  article  or  thing  in  which  the  same  may  be  contain¬ 
ed,  one  half  for  the  use  of  the  informer  and  the  other  half  for 
the  use  of  the  commonwealth. 

XCVI1.  If  any  person  shall  export  or  shall  lade  or  ship  for  Penalty  for  ex¬ 
exportation  as  aforesaid,  any  butter  or  hog’s  lard  not  inspect-  porting  butter 
ed  as  aforesaid,  and  marked  as  merchantable,  such  person  ^^trd^na°nt(jm’ 
shall  forfeit  and  pay  for  every  keg,  half  keg  and  tub  so  laden,  mark’d  asmer- 
two  dollars,  one  half  for  the  use  of  the  informer  and  the  other  chantable. 
half  for  the  use  of  the  commonwealth. 

XCVI1I.  The  inspector  of  butter  and  hog’s  lard  may  de-Fees  of  the  in* 
mand  and  receive  for  inspecting,  examining,  branding  and  sPect°r- 
plugging  each  keg,  half  keg  and  tub  of  butter  or  lard,  four 
cents,  and  the  like  sum  for  every  five  canisters  of  butter  or 
lard  which  he  shall  inspect. 

XCIX.  The  inspector  aforesaid  may  also  demand  and  re-  Inspector  may 
‘ceive  such  other  and  further  allowance  and  compensation  asreceiv?  com- 
shall  be  reasonable  and  customary  to  allow  for  the  expense  Pensation  f°r 
and  trouble  of  cooperage,  and  putting  each  keg,  half  keg  and  C00Pera&e’ 
tub  of  butter  and  lard  in  good  and  merchantable  order  and 
condition. 

C.  Provided ,  That  the  owner  of  such  butter  or  lard,  or  Owner  may 
his  agent  may  employ  any  person  other  than  the  said  inspec-  employ  any 
tor  to  perform  the  cooperage  necessary  to  put  the  same  in  Person  to  do 
good  and  merchantable  order  and  condition  as  aforesaid.  coopeiage. 

CI.  The  expense  of  the  inspection  of  butter  or  hog’s  lard  whom  ex- 
shall  be  paid  by  the  purchaser  thereof,  and  the  expense  of  pense  of  in-- 
the  cooperage,  if  any  be  necessary,  shall  be  paid  by  the  sel-  spection  shall 
ler.  be  paid. 


V.  Pot  and  Pearl  Ashes. 

CII.  Pot  and  pearl  ashes  shall,  if  designed  for  exportation  Pot  and  pearl 
from  the  port  of  Philadelphia,  be  liable  to  inspection  by  the  ashes  liable  to 
inspector  of  pot  and  pearl  ashes  appointed  for  the  said  port.  insPection. 

CIII.  Provided ,  That  pot  or  pearl  ashes  which  shall  have  If  imported  ex- 
been  imported  or  brought  from  any  other  state  or  country,  empted  from 
and  which  shall  bear  the  brand  of  the  name  of  such  state  0r inspection* 
country,  may  be  exported  from  this  state,  with  such  name 
branded  thereon  as  the  product  and  manufacture  of  the  state 
from  which  it  shall  come,  and  not  as  the  product  or  manu¬ 
facture  of  Pennsylvania  without  being  liable  to  inspection  as 
aforesaid. 

CIV.  Pot  and  pearl  ashes  liable  to  inspection  as  aforesaid, 
shall  be  put  up  and  secured  in  sound,  tight  and  full  bound 


752 


ACTS  OF  ASSEMBLY. 


To  be  put  up 
in  tight  and  full 
bound  casks. 


How  inspect¬ 
ed  and  assort¬ 
ed. 


Inspector  to 
weigh  casks, 
tare  and  mark 
thereon  the 
gross  weight. 

How  the  casks 
shall  be  brand¬ 
ed  by  the  in¬ 
spector. 


Adulterated 
ashes  to  be 
marked  “  con¬ 
demned.” 


casks  made  of  white  oak  staves  and  heading  or  of  such  other 
sound  timber  as  the  inspector  shall  judge  proper;  and  every 
cask  which  shall  be  used  for  the  purpose  aforesaid,  shall  be 
twenty-nine  inches  in  length  and  nineteen  inches  in  diameter 
at  the  heads. 

CV.  The  inspector  aforesaid  shall  for  the  purpose  of  in¬ 
spection,  start  the  ashes  submitted  to  him  out  of  the  casks  and 
carefully  examine  and  try  the  same.  He  shall  assort  them 
into  three  different  sorts  or  kinds  as  hereinafter  provided,  if 
necessary,  and  put  each  sort  or  kind  by  itself,  in  casks  made 
in  the  manner  hereinafter  directed. 

CVI.  The  inspector  aforesaid  shall  after  starting  the  ashes 
for  inspection,  weigh  each  cask  containing  the  same;  he  shall 
also  weigh  each  cask  thereof,  after  the  same  shall  have  been 
re-packed;  he  shall  mark  thereon  with  a  marking  iron,  the 
gross  weight  of  such  casks,  and  also  thereunder  the  tare. 

CVII.  The  inspector  aforesaid  shall  brand  in  plain  legible 
letters  the  head  of  each  cask  of  ashes  inspected  and  approv¬ 
ed  by  him  in  the  following  manner:  1.  With  the  words  “Pot 
ashes”  or  “Pearl  ashes,”  according  to  the  contents.  2. 
With  the  words  “  First  sort,”  “  Second  sort”  or  “  Third 
sort,”  according  to  the  quality  of  the  ashes  aforesaid.  3. 
With  the  letters  of  his  name  and  with  the  words  “Port  of  Phi¬ 
ladelphia,”  and  in  figures  the  year  in  which  the  inspection 
shall  be  made. 

CVIII.  If  the  inspector  aforesaid  shall  discover  any  adulte¬ 
ration  of  the  ashes  submitted  to  his  inspection,  either  by  the 
admixture  of  stone,  lime,  or  any  other  improper  substance, 
he  shall  distinctly  brand  the  cask  containing  such  adulterated 
ashes  with  the  word  “  Condemned.” 


Inspector  to  CIX.  The  inspector  aforesaid  shall  after  the  inspection 
deliver  the  and  approval  of  any  ashes  aforesaid,  deliver  to  the  owner  or 
owner  a  weigh  p0gSQSS0r  thereof  an  invoice  or  weight  note  under  his  hand, 
in  which  he  shall  put  down  the  weight  of  each  cask  and  shall 
distinguish  the  contents  thereof  in  the  manner  hereinbefore 
directed,  and  not  in  any  other  way  or  by  any  other  denomina¬ 
tion. 

Cooperage  to  CX.  If  any  cask  containing  ashes  as  aforesaid,  shall  in  the 
be  done  to  in- judgment  of  the  inspector  be  insufficient  or  unfit  for  exporta- 
sufficient  casks  tjon?  SuCh  cooperage  shall  be  done  or  such  new  casks  shall  be 
tl^seller56  0t  made  as  may  in  the  opinion  of  the  inspector  be  necessary,  at 
the  expense  of  the  seller. 

Penalty  for  ex-  CXI.  If  any  person  shall  export  or  lade  for  exportation 

porting  ashes  from  the  port  of  Philadelphia,  any  pot  or  pearl  ashes  liable  to 
not  inspected  inspection  as  aforesaid,  before  the  same  shall  have  been  in- 
an  approved.  gpecte(j  and  approved  according  to  law,  such  person  shall  for¬ 
feit  such  pot  or  pearl  ashes  and  every  cask  thereof  so  laden  or 
exported  or  the  value  thereof. 

CXIL  If  any  person  shall  sell,  offer  or  expose  for  sale  any 


ACTS  or  ASSEMBLY. 


753 


ashes  condemned  as  aforesaid,  for  any  other  than  condemned  Penalty  for 
ashes  he  shall  forfeit  the  sum  of  twenty-five  dollars  for  every  selling  con- 
cask  thereof  so  sold  or  exposed  for  sale.  demned  ashes. 

CXIII.  The  master  or  commander  of  any  vessel  who  shall  Penalty  on 
receive  any  cask  of  pot  or  pearl  ashes  liable  to  inspection  as  masters  of  ves- 
aforesaid,  and  not  branded  as  approved  in  the  manner  afore-  j ®  s  ^  re 
said,  shall  forfeit  and  pay  the  sum  of  twelve  dollars  and  fifty  not  branded  as 
cents  for  every  such  cask.  approved. 

CXIV.  Every  person  who  shall  intermix  with  any  pot  or  Penalty  on  a- 
pearl  ashes  any  stone,  lime,  salt  or  other  improper  substance  dulterating 
with  intent  to  defraud,  shall  forfeit  and  pay  the  sum  of  twen- ashes. after  *n" 
ty  dollars  for  every  cask  which  shall  be  found  to  contain  ashes  approval  ^ 
so  adulterated. 

CXV.  The  inspector  of  pot  and  pearl  ashes  may  demand  Fees  for  in- 
and  receive  for  starting,  trying,  assorting,  inspecting,  re  pack-  specting ashes, 
ing,  marking  and  branding  each  cask  of  pot  or  pearl  ashes 
and  for  all  other  the  services  hereinbefore  required  of  him,  at 
the  rate  of  ten  cents  for  every  hundred  weight  of  such  ashes, 
one  half  of  which  shall  be  paid  by  the  seller  and  the  other 
half  by  the  purchaser  thereof. 

CXVI.  If  the  ashes  submitted  to  inspection  as  aforesaid  Fees  to  be  paid 
shall  be  condemned,  the  person  owning  or  submitting  the  oncondemned 
same  for  inspection  shall  pay  to  the  inspector  the  like  fees  as  aslies* 
though  such  ashes  had  been  merchantable. 

VI.  Tobacco . 

CXVIL  All  tobacco  designed  for  exportation  from  the  Tobacco  Im¬ 
port  of  Philadelphia,  shall  be  liable  to  be  inspected  by  the  in-  ble  to  inspec- 
spector  of  tobacco  appointed  for  the  said  port.  tion. 

CXVIII.  Provided ,  That  tobacco  imported  or  brought  Tobacco  ira- 
from  any  other  state  or  country  which  shall  bear  the  brand  or  ported  exemp- 
mark  of  the  name  of  such  state  or  country  upon  the  cask  or te(*  fr°m  in¬ 
package  containing  the  same,  may  be  exported  as  the  product  branded'  ^ 
of  the  state  or  country  from  which  it  came  and  not  as  the 
product  of  Pennsylvania,  without  being  liable  to  inspection 
as  aforesaid. 

CXIX.  The  inspector  of  tobacco  shall  provide  and  keep  Inspector  of 
sufficient  store  houses  at  any  place  between  Prune  and  Green  tobacco  to  pro¬ 
street,  conveniently  situated  for  shipping  tobacco,  and  also  e  store  hou" 
presses,  brands,  scratches  and  all  other  apparatus  necessary  £^Presses' 
for  the  inspection  of  such  tobacco  as  may  be  liable  to  inspec¬ 
tion  as  aforesaid. 

CXX.  It  shall  be  the  duty  of  the  inspector  aforesaid  to  Inspector  to 
strip,  sample  and  press  all  tobacco  submitted  to  his  inspec-  striP>  sample, 
tion;  he  shall  make  in  every  hogshead  inspected  three  breaks,  tobacco^&c6 
and  from  each  break  two  hands  shall  be  drawn,  tied  up  and  °  aCC0’  c* 
sealed,  which  shall  compose  the  sample  of  the  same;  he  shall 
also  give  a  certificate  for  each  and  every  hogshead,  marked 
and  numbered  as  per  sample. 

110 


754 


ACTS  OF  ASSEMBLE. 


Penalty  for  ex¬ 
porting,  &c. 
without  in¬ 
spection. 


Fees  for  in¬ 
specting,  and 
compensation 
for  storage. 


CXXI.  If  any  person  shall  export  or  lade  for  exportation 
from  the  port  aforesaid,  any  tobacco  liable  to  inspection  as 
aforesaid,  before  the  same  shall  have  been  inspected  and  ap¬ 
proved  according  to  law,  such  person  shall  forfeit  and  pay  for 
every  hogshead  so  exported  or  laden,  fifty  dollars,  one  half 
for  the  use  of  the  inspector,  the  other  half  for  the  use  of  the 
commonwealth. 

CXXII.  The  inspector  of  tobacco  may  demand  and  re¬ 
ceive  upon  each  hogshead  of  tobacco  for  stripping,  sampling, 
pressing,  coopering  and  branding,  one  dollar,  which  fee  shall 
be  paid  by  the  planter,  merchant  or  importer,  at  the  time  he 
shall  receive  the  sample.  He  may  demand  and  receive  the 
further  sum  of  one  dollar  upon  each  hogshead  which  he  shall 
deliver  any  time  within  one  year,  to  any  person  who  shall 
produce  to  him  the  certificate  given  as  aforesaid,  for  the  pur¬ 
pose  of  receiving  the  same.  He  may  also  demand  and  re¬ 
ceive  upon  each  hogshead  which  shall  remain  stored  for  any 
period  greater  than  a  year  after  the  same  shall  have  been  in¬ 
spected  by  him,  at  the  rate  of  twenty-five  cents  for  every 
month  he  shall  have  stored  the  same. 


spection  at 
Philadelphia, 
Lancaster, 
Columbia, 
Washington, 
Wrightsville 
and  Norris¬ 
town. 


VII.  Domestic  Distilled  Spirits . 

Domestic  dis-  CXXIII.  Spirituous  liquors  distilled  within  this  common- 
tilled  spirits  de-  wealth,  shall  if  designed  for  exportation  from  the  port  of  Phi- 
signed ^  for  ex-  ladelphia,  except  when  shipped  coastwise  by  the  distiller  or 
Philadelphia111  agent?  shall  be  liable  to  inspection  by  an  inspector  of  do- 
liable  to  in-  7  mestic  distilled  spirits,  appointed  for  the  city  and  county  of 
Philadelphia.  Domestic  distilled  spirits  may  also  be  inspec¬ 
ted  at  each  of  the  following  named  places,  to  wit :  At  the 
city  of  Lancaster,  by  the  inspector  of  domestic  distilled  spir¬ 
its  appointed  for  said  city;  at  the  borough  of  Columbia,  in 
the  county  of  Lancaster,  by  the  inspector  of  domestic  distill¬ 
ed  spirits  appointed  for  the  said  borough;  at  the  borough  of 
Washington,  in  the  county  of  Lancaster,  by  the  inspector  of 
domestic  distilled  spirits  residing  in  the  said  borough,  and 
appointed  for  the  said  borough  and  the  township  of  Manor; 
at  the  town  of  Wrightsville,  in  the  county  of  York,  by  the 
inspector  of  domestic  distilled  spirits  appointed  for  the  said 
town ;  at  the  borough  of  Norristown,  in  the  county  of  Mont¬ 
gomery,  by  the  inspector  of  domestic  distilled  spirits  appoint¬ 
ed  for  said  borough. 

Every  inspec-  CXXIV.  Every  inspector  of  domestic  distilled  spirits, 
tor  is  a  gauger,  shall  also,  by  virtue  of  his  said  office,  be  a  gauger,  and  shall 
madf  andU fn’  Per^*orm  duty  gauging  casks  containing  such  spirits, 
spect,  &c.  submitted  to  his  inspection,  and  shall  mark  thereon  the  quan¬ 
tity  of  spirits  therein  contained  in  the  manner  hereinafter  pro¬ 
vided. 

Spirits,  how  to  CXXV.  Spirituous  liquors,  liable  to  inspection  as  afore- 


be  put  up. 


said,  shall  be  put  up  in  barrels,  double  barrels  or  hogsheads. 


ACTS  OF  ASSEMBLY. 


755 


CXXVL  Every  cask  which  shall  be  used  for  the  purpose  Casks  used  for 
aforesaid,  shall  be  tight  and  made  of  sound,  well  seasoned  the  purpose, 
white  oak  staves,  free  of  sap;  and  every  barrel  so  used,  shall  J^°a^eto  be 
be  secured  with  twelve  good  hoops,  and  every  double  barrel 
and  every  hogshead  so  used,  shall  be  secured  with  sixteen 
good  hoops. 

CXXVI1.  Every  inspector  of  domestic  distilled  spirits  as  Inspectors 
aforesaid,  shall  have  or  procure  and  keep  constantly  in  good  shall  procure  a 
order,  a  correct  set  of  gauging  instruments,  made  in  accord-  Jca]e’  cal'Pers> 
ance  with  the  standard  measure  of  the  wine  gallon  of  this  ’ 

commonwealth,  namely,  a  scale,  calipers  and  a  rod ;  he  shall 
also  procure  and  keep  as  aforesaid,  a  hydrometer  of  the  kind 
commonly  called  “  Dicas’  Liverpool  patent  hydrometer.” 

CXXVIII.  The  standard  of  proofs  of  domestic  distilled  The  standard 
spirits  shall  be  as  follows,  to  wit:  If  the  liquor  shall  be  hy-  of  proof  estab- 
drometer  proof  or  one  hundred  spirits,  and  one  hundred  parts  Wished, 
water,  it  shall  be  marked  as  liquor  of  the  fourth  proof;  if  the 
liquor  shall  be  five  degrees  below  hydrometer  proof,  it  shall 
be  marked  as  liquor  of  the  third  proof;  if  the  liquor  shall  be 
ten  degrees  below  hydrometer  proof,  it  shall  be  marked  as  li¬ 
quor  of  the  second  proof;  if  the  liquor  shall  be  fifteen  degrees 
below  hydrometer  proof,  it  shall  be  marked  as  liquor  of  the 
first  proof. 

CXXIX.  The  inspector  or  deputy  aforesaid,  having  ascer-  The  proofs, 
tained  the  quantity,  strength  and  quality  of  any  spirituous  li- how  marked, 
quors  as  aforesaid,  and  also  the  ullage,  shall  grave  or  scrape 
with  a  scraping  iron  on  one  of  the  heads  of  each  cask  inspec¬ 
ted  by  them  containing  whiskey,  the  exact  proof  and  degrees 
thereof,  and  the  quantity  of  gallons  or  full  contents  of  such 
cask,  and  the  deficit  or  number  of  gallons  out  at  a  time  of 
such  inspection,  if  any;  and  it  shall  be  the  duty  of  such  in¬ 
spector  or  deputy,  at  the  request  of  the  person  or  agent  ap¬ 
plying  to  have  whiskey  inspected,  to  make  out  and  subscribe 
a  certificate  exhibiting  in  separate  columns  the  number  of 
casks,  and  the  kinds ;  the  number  of  gallons  or  full  contents, 
the  deficit  of  gallons  or  outs,  if  any,  and  the  proofs  and  de¬ 
grees  thereof,  and  deliver  the  same  to  the  applicant,  and  the 
said  inspector  shall  receive  for  inspecting,  gauging,  marking, 
replacing  the  bung  and  such  certificate,  a  fee  of  ten  cents  per 
cask  only. 

CXXX.  The  owner  or  seller  of  the  cask  made  as  afore-  price  fixed, 
said,  shall  be  entitled  to  demand  and  receive  from  the  pur-  which  the  pur¬ 
chaser,  one  dollar  and  twenty-five  cents  for  each  barrel,  and  chaser  may  de- 
one  dollar  and  seventy-five  cents  for  each  double  barrel,  and  ^£1? 
two  dollars  and  twenty-five  cents  for  each  hogshead. 

CXXXI.  If  any  person  shall  export  or  lade  for  exporta-  Penalty  for  ex- 
tion  from  the  port  of  Philadelphia,  any  distilled  spirituous  porting  from 
liquors,  liable  to  inspection  as  aforesaid,  before  the  same  yhilad.  before 
shall  have  been  inspected  and  marked  according  to  law,  such  ,nsPect,on* 


756 


ACTS  OF  ASSEMBLY. 


person  shall  forfeit  and  pay  ten  dollars  for  every  barrel,  and 
twenty  dollars  for  every  double  barrel  and  hogshead,  or  other 
cask  or  vessel  containing  such  liquor  so  exported  or  laden, 
to  be  recovered  by  the  inspector  aforesaid,  for  the  city  and 
county  of  Philadelphia,  for  the  use  of  the  poor  of  the  said  city 
and  county.  Provided ,  That  it  shall  and  may  be  lawful  for 
any  distiller  of  whiskey,  or  his  agent,  intending  to  ship  whis¬ 
key,  the  produce  of  his  own  stills,  coastwise,  to  ship  the  same 
without  inspection,  upon,  with  or  at  the  office  of  one  of  the 
principal  inspectors,  an  invoice  or  list,  exhibiting  the  number 
and  kinds  of  casks  intended  to  be  shipped,  with  an  affidavit 
annexed  by  himself  or  agent,  that  such  whiskey  was  made  by 
him,  and  is  intended  for  a  market  in  one  of  the  sister  states, 
together  with  a  notice  of  the  name  of  the  vessel  on  which  the 
same  is  intended  to  be  shipped,  and  the  place  where  it  is  in¬ 
tended  to  be  taken  on  board,  at  least  three  hours  before  it 
shall  be  put  on  board. 

Liquors  to  be  CXXX1I.  All  liquors  sold  by  inspection  at  the  port  of 
inspected. &c.  Philadelphia,  shall  be  inspected  and  gauged  by  the  inspector 
y  inspectors.  d0]foestjc  distilled  spirits  appointed  as  aforesaid. 

Penalty  for  CXXXIII.  If  upon  the  subsequent  inspection  of  any  li- 
holding  li-  quors,  which  have  been  inspected  and  marked  as  aforesaid, 
such  liquors  shall  be  found  to  be  under  the  proof  originally 
marked,  the  holder  thereof  shall  be  liable  to  a  penalty  to  be 
estimated  as  follows,  to  wit:  For  every  gallon  two  degrees 
under  the  proof  so  marked,  two  cents;  for  every  gallon  three 
degrees  under  the  proof  so  marked,  six  cents,  and  so  on  in 
that  ratio. 

CXXXIV.  It  shall  be  the  duty  of  the  inspector  of  do- 
shall  au  e  mes^c  distilled  spirits  appointed  for  the  city  and  county  of 
casks^confain-  Philadelphia,  upon  the  request  of  the  seller  or  buyer  of  any 
ing  cider.  cider  contained  in  hogsheads  or  other  casks  containing  more 
than  thirty- two  gallons,  to  gauge  and  mark  the  contents  of 
such  cask  thereon,  in  the  manner  hereinbefore  provided. 
Penalty  on  in-  CXXXV.  Every  inspector  who  shall  gauge  and  mark  er- 
spectors  for  roneously  any  cask  of  spirits  or  cider  liable  to  his  inspection, 
gauging  and  as  aforesaid,  shall  forfeit  and  pay  to  the  person  who  may  be 
marking  erro-  jnjure(j  thereby,  twice  the  value  of  the  excess  or  deficiency 
of  the  quantity  marked  of  the  quantity  actually  contained  in 
such  cask. 

If  any  inspec-  CXXXVI.  If  any  inspector  of  domestic  distilled  spirits 
tor  officially  shall  make  use  of  a  false  hydrometer  or  gauging  instruments, 
misbehave,  his  knowing  them  to  be  such,  or  shall  in  any  way  misbehave  or 
i*0  suit°  PUt  a^use  Powers  granted  to  him,  the  governor  shall,  upon  re¬ 
ceiving  information  thereof,  cause  the  official  bond  of  such 
inspector  to  be  put  in  suit. 

Feesof  inspec-  CXXXVII.  The  fees  of  inspection  at  Philadelphia,  afore- 

tors,  by  whom  said,  shall  be  paid  by  the  purchaser  in  case  the  spirits  shall 
to  be  paid.  come  up  to  proof,  otherwise  the  same  shall  be  paid  by  the  per¬ 
son  offering  the  same  for  sale. 


quors  under 
the  proof 
marked. 


Inspector  in 
Philadelphia 


ACTS  OF  ASSEMBLY. 


757 


CXXXVIH.  Whenever  any  cask  of  any  such  distilled  Fees, by  whom 
spirits  shall  be  re-inspected,  the  seller  or  person  offering  to to  paid,  in 
sell  the  same,  shall  pay  the  fees  of  re-inspection,  if  the  proof  spection/6 
shall  be  under  the  proof  marked  on  such  cask,  and  the  buyer 
shall  pay  the  fees  of  such  re-inspection  if  the  proof  shall  not 
be  under  the  proof  marked  as  aforesaid. 

CXXXIX.  It  shall  be  unlawful  for  any  inspector  or  de-  Penalty  on  in- 
puty,  during  the  continuance  of  his  or  their  office,  to  do  any  s  ^ct0f0°r 
private  gauging,  and  every  inspector  or  deputy  who  shall  up-  J^te’  gauging, 
on  the  application  of  any  dealer  in  spirituous  liquors,  re-gauge  or  re-gauging! 
any  cask  containing  whiskey  or  other  spirituous  liquors  and  &c. 
allow  or  make  the  said  cask  to  contain  more  gallons,  or  a 
greater  quantity  than  when  gauged  for  the  maker  or  agent 
for  the  maker  of  whiskey,  or  who  shall  in  any  way  be  found 
colluding  with  the  dealer  to  defraud  the  distiller,  or  who  shall 
so  engage  in  any  private  gauging,  shall  upon  conviction  of 
such  offence  forfeit  and  pay  to  the  use  of  the  commonwealth, 
the  sum  of  fifty  dollars,  and  be  forever  disabled  to  act  as  an 
inspector  or  gauger  of  liquor. 

CXL.  No  inspector  or  deputy  inspector  of  domestic  dis-  Penalty  on  in- 
tilled  spirits  shall  be  concerned  in  purchasing  or  selling  do-  sPact°r  °r  de¬ 
mesne  distilled  spirits,  except  for  his  own  private  use,  nor  Way°g 

shall  any  inspector  or  deputy  be  in  any  way  concerned  in  bu-  concerned  in 
siness  or  trade  with  any  distiller  or  manufacturer  or  any  other  business  with 
person  in  the  purchase  or  sale  of  domestic  spirits,  under  a  pe-^y  distiller, 
nalty  of  five  hundred  dollars  and  a  forfeiture  of  their  office.  c’ 

VIII.  Black  Oak  Bark . 

CXLI.  Ground  black  oak  bark  shall,  if  designed  for  ex-  Black  oak 
portation  from  the  port  of  Philadelphia,  be  liable  to  be  in-  J^^cUon  t0 
spected  by  the  inspector  of  bark  appointed  for  the  said  port.  p 

CXLII.  All  bark  liable  to  inspection,  as  aforesaid,  shall  How  it  must 
be  shaved  clean  from  the  ross  or  outside  bark;  it  shall  be be  PrePared- 
ground  sufficiently  fine  for  use  and  be  free  from  damage  by 
wet  mould  or  otherwise. 

CXLIII.  All  bark  designed  for  exportation,  as  aforesaid,  How  it  must 
shall  be  well  packed  in  good  and  sufficient  casks,  having  atbe  packed, 
least  twelve  hoops  thereon,  with  lining  hoops  on  each  end 
well  secured. 

CXLIV.  Every  manufacturer  of  bark  for  exportation,  as  Manufacturer 
aforesaid,  shall  brand  upon  the  head  of  each  cask  his  name  to  brand  his 
distinctly  and  at  length,  under  the  penalty  of  one  dollar  fornai"e  on  tilc 
each  cask  which  shall  not  be  so  branded. 

CXLV.  Bark  liable  to  inspection,  as  aforesaid,  shall  for  To  be  deposit- 
the  purpose  of  inspection  be  deposited,  at  the  expense  of  the  ed  at  such  con- 
owner  thereof,  at  such  convenient  place  within  the  city  or  li-  ^  th^ins'eeb 
berties  of  Philadelphia,  and  if  the  quantity  to  be  inspected  is  or  shall  direct, 
less  than  ten  casks,  at  such  place  as  the  inspector  aforesaid 
shall  direct. 


758 


ACTS  OF  ASSEMBLY. 


Inspector  to  CXLVJ.  It  shall  be  the  duty  of  the  inspector  aforesaid, 
give  the  per-  give  the  person  depositing  such  bark  as  aforesaid,  or  to  the 
iTa  re^eiof owner  thereof  a  receipt  acknowledging  the  delivery  thereof 
‘  *  to  him  for  the  purpose  of  inspection,  and  he  shall  not  deliver 
such  bark  to  any  person  until  it  shall  have  been  inspected  and 
approved  of  or  condemned. 

How  to  be  as-  CXLVIL  Merchantable  bark  as  aforesaid  shall  be  divided 
qaafitie^and  ,nto  ^ree  sorts  or  qualities,  according  to  its  value,  to  be  de- 
denominated.  nominated  “  First  quality,”  “  Second  quality”  or  “  Third 
quality,”  and  each  quality  as  aforesaid,  shall  be  divided  again 
into  two  sorts  or  kinds,  according  to  its  value,  to  be  denomi¬ 
nated  “  No.  1”  or  “  No.  2:”  that  is  to  say,  merchantable 
bark  of  the  best  quality  and  manufactured  in  the  best  manner 
shall  be  rated  or  denominated  “  First  quality  No.  1,”  and 
merchantable  bark  inferior  in  quality  or  manufacture  to  the 
first  quality  No.  1,  as  aforesaid,  shall  be  rated  or  denomina¬ 
ted  “ First  quality  No.  2;”  “Second  quality  No.  1,”  “  Se¬ 
cond  quality  No.  2;”  “  Third  quality  No.  1,”  or  “  Third  qua¬ 
lity  No.  2,”  as  its  quality  or  manufacture  may  merit. 

How  it  shall  CXLVIII.  The  inspector  of  bark  shall,  in  performing  the 
be  inspected,  duties  of  his  office,  start  and  unpack  if  necessary  bark  sub¬ 
mitted  to  him  for  inspection,  and  carefully  examine  the  qua¬ 
lity  and  manufacture  thereof,  and  thereupon  he  shall  properly 
repack  the  same  and  brand  the  casks  in  the  manner  herein¬ 
after  directed. 


How  it  shall  CXLIX.  The  inspector  aforesaid  shall  brand  each  cask  of 
be  branded,  if  bark  inspected  by  him,  which  he  shall  find  to  be  merchanta- 
merchantable.  ble,  jn  the  manner  following:  1.  With  the  words  “  First  qua¬ 
lity,”  “  Second  quality”  or  “  Third  quality,”  and  with  “  No. 
1”  or  “No.  2,”  according  to  its  quality  as  aforesaid.  2. 
With  his  own  name  and  also  with  the  word  “  Philadelphia.” 
When  it  shall  CL'.  If  the  inspector  shall  find  in  any  cask  of  bark  submit- 
becondemned  ted  to  his  inspection  as  aforesaid,  any  mixture  of  different 
and  how  bran- barks  or  of  tan  or  other  extraneous  substances,  or  if  the  same 
ded  in  such  shall  not  be  shaved  clean  from  ross,  and  be  free  from  damage 
by  wet,  mould  or  otherwise  as  aforesaid,  he  shall  condemn 
the  same  and  mark  distinctly  on  each  head,  with  a  marking 
iron,  the  letter  C. 

Inspector  to  CLI.  The  inspector  shall  weigh  each  cask  and  furnish  the 
we^ghthebark  °wiier  wjtb  an  invoice  specifying  the  gross  weight  and  the 
owner* an  ii:f-tare  eac^  cas^?  which  invoice  shall  be  signed  by  him,  and 
voice.  for  every  hundred  weight  gross  there  shall  be  an  allowance  of 

one  pound  for  draft. 

Penalty  forex-  CLII.  If  any  person  shall  export  or  lade  for  exportation 
porting,  &c.  from  tbe  port  of  Philadelphia,  any  ground  black  oak  bark  be- 
tion  *e  inspec  fore  the  same  shall  have  been  inspected  and  approved  as  mer¬ 
chantable,  by  the  officer  appointed  for  that  purpose,  such  per¬ 
son  shall  forfeit  and  pay  twenty  dollars  for  every  cask  so  ex¬ 
ported  or  laden,  one  half  to  the  use  of  the  person  who  shall 


ACTS  OF  ASSEMBLY. 


759 


prosecute  therefor,  and  the  other  half  for  the  use  of  the  com¬ 
monwealth. 

CLIII.  If  any  person  shall  return  on  any  cask  a  lighter  tare  Penalty  for  re- 
than  its  actual  weight,  such  person  shall  forfeit  and  pay  the  turning  too 
sum  of  twenty  dollars  for  every  such  cask,  one  half  for  the  hghtatare. 
use  of  the  person  who  shall  prosecute  therefor,  and  the  other 
half  for  the  use  of  the  commonwealth. 

CLIV.  Nothing  in  this  act  shall  be  construed  to  prevent  Proviso,  ex- 
any  person  from  exporting  any  oak  bark  unground,  nor  from  empting  un¬ 
selling  bark  which  may  have  been  condemned  for  home  con-  ^^"frorn  in¬ 
sumption;  nor  shall  any  thing  in  this  act  be  construed  to  ex-  Spection. 
tend  to  liquid  extracts  of  bark  or  to  any  preparation  of  bark 
for  which  a  patent  has  been  obtained,  or  for  which  a  patent 
may  hereafter  be  obtained  from  the  United  States. 

CLV.  The  inspector  of  ground  black  oak  bark  may  de-  Fees  for  in- 
mand  and  receive  for  inspecting  every  ton  weight  of  bark,  one  spection,  and 
dollar;  one  half  of  which  sum  shall  be  paid  by  the  buyer,  and 
the  other  half  by  the  seller;  for  the  storage  of  every  hogshead  ® 

of  bark,  five  cents  per  week,  and  a  proportionate  sum  for 
tierces  and  barrels. 

CLVI.  All  boards,  plank,  timber  and  shingles  shall,  if  de-  Boards,  plank, 
signed  for  exportation  from  the  port  of  Philadelphia,  be  lia-.&c*  to 

ble  to  be  inspected  at  the  city  and  county  of  Philadelphia,  by 
the  inspector  appointed  for  that  purpose. 

CLYII.  All  boards,  plank  and  timber  designed  for  expor-  When  for  ex- 
tation,  as  aforesarid,  shall  be  good,  sound,  and  of  such  thick-  portationtobe 
ness  and  quality  as  they  are  declared  to  be  by  the  seller,  andsoun  *  c’ 
all  such  board  and  plank  shall  also  be  square  edged. 

CLVIII.  If  any  person  shall  ship  off  from  the  port  afore¬ 
said  any  boards,  plank  or  timber  which  have  not  been  in¬ 
spected,  measured,  culled  or  counted  by  the  officer  appoint¬ 
ed  for  that  purpose,  and  approved  by  him  as  merchantable, 
such  person  shall  forfeit  and  pay  the  sum  of  one  dollar  fifty 
cents  for  every  thousand  feet  of  boards,  plank  or  timber  so 
shipped  or  exported,  and  so  in  proportion  for  any  greater  or 
less  quantity. 

CLIX.  The  inspector  and  measurer  of  lumber  may  de-  Feeg  ^or  in_ 
mand  and  receive  for  inspecting  and  examining  boards  and  spection  of 
plank  according  to  the  superficial  measure,  twenty-five  cents  boards,  plank, 
for  every  thousand  feet.  For  inspecting  other  timberreduc-  &c-  by  whom 
ed  to  cubical  feet,  ten  cents  for  every  ton  consisting  of  forty t0  be  Paid‘ 
cubical  feet;  one  half  to  be  paid  by  the  buyer  and  the  other 
half  by  the  seller. 

CLX.  It  shall  be  the  duty  of  the  board  of  county  commis-  Commission- 
sioners  of  the  counties  of  Cumberland,  Dauphin,  Lancaster  ^^DaiThin" 
and  York,  as  soon  as  may  be  after  the  passage  of  this  act,  to  Lancastei^and 
appoint  and  commission  a  sufficient  number  of  competent  York  to  ap- 
persons  in  their  counties  to  be  inspectors  of  lumber  at  the  dif-  point  inspec- 
ferent  landings  on  the  Susquehanna  and  in  the  borough  of  tors> 


760 


ACTS  OF  ASSEMBLY. 


York*  who  shall  continue  in  office  until  the  month  of  March, 
one  thousand  eight  hundred  and  thirty-six,  or  until  others  are 
appointed,  and  the  respective  boards  of  commissioners  of  said 
counties,  shall  in  the  month  of  March  in  every  year  appoint 
and  commission  a  sufficient  number  of  lumber  inspectors  as 
aforesaid,  who  shall  continue  to  act  for  one  year  or  until 
others  are  appointed,  and  the  said  inspectors  shall  before  they 
enter  upon  the  duties  of  their  appointment,  take  and  sub¬ 
scribe  an  oath  or  affirmation  before  some  judge  or  justice  of 
the  peace  of  the  proper  county,  faithfully  to  perform  the  du¬ 
ties  of  inspector  of  lumber  according  to  law  and  to  the  best 
of  his  knowledge,  a  certificate  of  such  oath  he  shall  file  in  the 
commissioner’s  office  of  the  proper  county;  and  it  shall  be 
the  duty  of  all  inspectors  so  appointed,  to  inspect,  (and  if  not 
correctly  done,  measure  and  mark  the  quantity  of  feet,)  and 
count  all  lumber  sold  at  the  respective  places  or  elsewhere, 
that  they  shall  be  required  to  by  the  buyer  and  seller:  Provi¬ 
ded,  That  no  person  who  shall  have  been  appointed  an  in¬ 
spector  of  lumber,  shall  directly  or  indirectly  be  engaged  in 
buying  or  selling  of  lumber,  under  the  penalty  of  twenty  dol¬ 
lars,  to  be  recovered  as  debts  of  like  amount  are  recoverable, 
for  the  use  of  the  directors  of  the  poor  of  the  proper  county. 
Boards  and  CLXI.  All  boards  and  planks  shall  be  reduced  to  and 
plank,  reduc-  counted  as  inch  measure,  of  which  there  shall  be  but  three 
t^asfnch  ^  (lua^^esJ  v^z:  Panel,  common  and  cullings,  that  is  to  say,  all 
measure  of  b°ards  and  plank  that  shall  not  have  more  than  three  small 
three  qualities,  sound  knots  not  more  than  half  an  inch  in  diameter,  without 
sap  or  shake  or  any  other  defect,  or  being  free  from  knots, 
and  not  having  on  an  average  more  run  of  sap  than  half  the 
thickness  of  the  board  or  plank,  shall  be  deemed  and  counted 
as  panel;  and  all  boards  and  plank  that  shall  not  contain 
more  than  three  sound  knots,  nor  more  than  one  inch  in  dia¬ 
meter,  and  not  more  run  of  sap  than  half  the  thickness  of  the 
board  or  plank,  shall  be  deemed  and  counted  as  common ;  a 
split  in  the  end  of  a  board  or  plank  nearly  straight,  and  not 
over  two  feet  in  length,  shall  not  condemn  it  to  an  inferior 
quality;  the  split  shall  not  vary  more  than  half  an  inch  to  a 
foot  from  a  straight  line:  Provided ,  It  has  no  other  defect; 
that  all  boards  or  planks  that  are  rotten,  worm-eaten,  wind- 
shaken  or  otherwise  defective,  may  be  docked  according  to 
what  the  inspector  upon  his  oath,  shall  deem  them  injured 
for  the  mechanic’s  use.  All  grub,  plank  and  binders,  shall 
be  counted  at  half  the  quantity  actually  contained  therein. 
All  joist,  rafters  and  scantling,  shall  be  inspected  as  afore¬ 
said,  of  which  there  shall  be  but  two  qualities,  viz :  Common 
and  cullings :  Provided ,  That  such  lumber,  boards  or  plank 
as  are  in  part  rotten,  damaged  or  broken,  may  be  condemn¬ 
ed  as  refuse  cullings;  that  each  inspector  shall  be  entitled  to 
twelve  and  a  half  cents  for  inspecting,  counting  and  marking 


ACTS  OF  ASSEMBLY. 


761 


each  thousand  feet  of  lumber,  and  in  the  same  proportion  for 
any  less  quantity,  one  half  to  be  paid  by  the  vendor,  the  other 
by  the  vendee.  And  it  shall  further  be  the  duty  of  the  in¬ 
spector  to  furnish  a  correct  list  or  bill  of  lumber,  with  the  qua¬ 
lities  and  quantity  by  him  inspected,  to  either  or  both  parties, 
which  certificate  shall  be  furnished  without  charge.  All 
lumber  required  to  be  inspected  by  either  the  seller  or  purcha¬ 
ser,  shall  be  inspected  by  one  of  the  regular  commissioned 
inspectors :  Provided  further ,  That  the  inspectors  of  lum¬ 
ber,  within  the  counties  of  Cumberland,  Dauphin,  Lancaster 
and  York,  shall  not  be  required  to  give  bond  and  surety,  or 
make  return  to  the  auditor  general,  as  is  required  by  the 
general  provisions  of  this  act,  nor  shall  they  appoint  depu¬ 
ties. 

X.  Flaxseed. 

CLXII.  All  flaxseed  designed  for  exportation  from  the  port  Flaxseed  to 
of  Philadelphia,  shall  be  well  cleansed  and  prepared  and  put  he  well  clean¬ 
up  in  casks  made  of  sound  oak  staves.  sed>  &c* 

CLXIII.  Every  cask  which  shall  be  used  for  the  purpose  ^ e  casks 
aforesaid,  shall  be  made  as  nearly  straight  as  possible ;  it  shall  to  be  used  for 
be  tightened  and  secured  by  at  least  twelve  good  and  substan-  packing,  how 
tial  hoops,  besides  a  lining  hoop  on  the  outside  around  eachto  be  ma(*e- 
chine ;  and  each  chine  hoop,  and  each  of  the  quarter  hoops 
shall  be  fastened  with  at  least  three  iron  nails. 

CLXIV.  The  casks  aforesaid,  may  be  made  of  two  sizes,  The  sizes  of 
to  wit:  Casks  of  the  larger  size  shall  be  two  feet  nine  inches ^e^asks  spe~ 
in  length,  and  twenty-four  inches  in  diameter  at  the  head, 
and  in  every  such  cask  shall  be  packed  seven  bushels  of 
flaxseed ;  the  smaller  casks  shall  be  made  of  such  size,  that 
they  may  contain  three  bushels  and  a  half  of  flaxseed. 

CLXV.  Every  cask  containing  flaxseed,  and  designed  for  Each  cask 
exportation  as  aforesaid,  shall  be  branded  with  the  initial  let-to.  he  branded 
ter  of  the  Christian  name,  and  with  the  sirname  at  full  length  ^the^earer6 
of  the  person  who  cleansed  and  prepared  the  flaxseed  therein 
contained. 

CLXVI.  Every  person  who  shall  export  or  shall  lade  with  Penalty  for 
intent  to  export,  any  cask  containing  flaxseed,  which  shall  not  ^asks  of^if 
be  made  of  the  materials  and  in  the  form  and  of  the  dimen-  ferent  form  ^ 
sions  hereinbefore  required,  or  which  shall  not  contain  the  contain’g  less 
quantity  and  quality  of  flaxseed  hereinbefore  directed,  shall  quantity,  &c. 
forfeit  and  pay  two  dollars  and  sixty-seven  cents  for  every 
cask  so  exported  or  laden ;  one  half  for  the  use  of  the  infor¬ 
mer,  and  the  other  half  for  the  use  of  the  Commonwealth. 

CLXVII.  Every  person  who  shall  lade  for  exportation  as  Penalty  for 
aforesaid,  any  cask  containing  flaxseed,  which  shall  not  have  export’g  casks 
been  first  duly  branded  as  aforesaid,  shall  forfeit  and  pay  the  duly  bran- 
further  sum  of  sixty-seven  cents  for  every  such  cask;  one 


762 


ACTS  OF  ASSEMBLY, 


half  for  the  use  of  the  informer,  and  the  other  half  for  the 
use  of  the  Commonwealth. 


XI.  General  Provisions. 

Inspectors  to  CLXVIII.  The  several  inspectors  hereinbefore  mentioned, 
be  appointed  sball  be  appointed  by  the  Governor,  from  time  to  time  as  oc- 
jjqj.  6  over"casion  may  require,  except  the  inspectors  of  lumber  in  the 
counties  of  Cumberland,  Dauphin,  Lancaster  and  York;  and 
every  inspector  so  appointed,  shall  reside  at  the  place  at 
which  he  shall  be  required  to  exercise  the  duties  of  his  office, 
Two  inspec-  CLXIX.  Provided ,  That  the  Governor  shall  appoint  two 
tors  of  domes-  persons  to  be  inspectors  of  domestic  distilled  spirits  for  the 
tic  distill’d  spi-  city  and  county  of  Philadelphia,  who  shall  severally  have  all 
rit?  todbe  aP"and  singular  the  powers  and  authorities  and  be  subject  to  all 
Philadelphia.  and  singular  the  duties  and  liabilities  of  such  office. 

CLXX.  The  several  inspectors  hereinbefore  mentioned, 
mavSPappoint are  emP°were(l,  and  if  necessary  to  the  convenient  despatch 
deputies;  their  of  their  respective  duties,  are  hereby  required  to  appoint  a 
powers.  sufficient  number  of  deputies,  for  whom  they  shall  respec 
tively  be  accountable,  which  deputies  are  hereby  empowered 
to  perform  the  duties  of  inspection,  as  fully  as  their  respec¬ 
tive  principals  might  or  could  do,  and  they  are  hereby  made 
liable  to  the  like  penalties. 

Inspectors  CLXXI.  Provided ,  That  the  inspectors  of  domestic  dis- 
for  Philad’a  to  tilled  spirits  for  the  city  and  county  of  Philadelphia,  shall 
appoint  depu- jointly  and  not  severally,  appoint  one  or  more  deputies  as 
ties  jointly:  aforesaid.  And  the  principal  inspector  of  flour  for  the  city 
af-rPtoCtapS  an<^  county  °f  Philadelphia,  shall  on  or  before  the  first  day  of 
point  deputies;  March  next,  appoint  three  persons  for  his  deputies,  who  are 
division  of  in- judges  of  wheat  and  rye  flour,  com  meal  and  bread  stuffs, 
spected  dis-  and  who  shall  be  removable  at  his  pleasure,  whose  duty  it 
tricts,  &c.  shaii  be,  with  the  said  inspector,  to  inspect  all  the  flour,  com 
meal  and  bread  stuffs  in  said  city  and  county,  under  the  regu¬ 
lations  mentioned  in  this  act.  And  the  city  and  county  of 
Philadelphia,  is  hereby  divided  into  three  inspection  districts, 
as  follows:  First  district  south  of  High  street  and  east  of 
Thirteenth  street,  in  said  city ;  second,  north  of  High  street 
and  east  of  Thirteenth  street;  third,  west  of  Thirteenth  street, 
including  the  Schuylkill  front,  from  South  street  to  the  north 
side  of  Vine  street  and  the  rail-road,  from  South  street  to 
Callowhill  street  and  High  street,  from  the  Delaware  Eighth 
street,  to  Schuylkill  river  in  said  city  and  county;  and  the 
principal  inspector  in  person  and  his  deputies,  shall  inspect 
all  the  flour  in  said  districts  daily,  and  alternately  in  each 
district,  at  warehouses  and  stores  in  said  three  districts. 
And  the  said  principal  inspector  and  his  three  deputies  shall 
every  three  months  appoint  three  viewers,  viz:  One  miller 
and  baker  and  one  merchant;  and  said  viewers  shall  with 
said  inspector  and  his  three  deputies  regulate  the  standard  of 


ACTS  OF  ASSEMBLY. 


763 


flour  in  said  city  and  county,  by  samples  of  flour  chosen  by 
them ;  and  said  samples  shall  be  preserved,  in  order  to  decide 
disputes  in  case  any  person  may  conceive  himself  aggrieved 
by  said  inspector  or  his  deputies. 

CLXXII.  Every  person  appointed  as  aforesaid,  to  the  Oaths  of  the 
office  of  inspector,  and  also  ever  deputy  of  such  person,  shall  inspectors, 
before  he  enter  upon  the  duties  of  his  office,  take  and  sub-  to  be 

scribe  an  oath  or  affirmation  before  some  person  having  au¬ 
thority  to  administer  oaths,  to  support  the  constitution  of  the 
United  States  and  the  constitution  of  this  Commonwealth, 
and  to  perform  the  duties  of  his  said  office  with  fidelity, 
which  oath  or  affirmation  he  shall  cause  to  be  filed  among 
the  records  of  the  court  of  Quarter  Sessions  in  the  respective 
county. 

CLXXIII.  Every  person  who  shall  be  appointed  to  the  Bonds  of  in¬ 
office  of  inspector  or  deputy,  as  aforesaid,  shall  also  before  spectors,  how 
entering  on  the  duties  of  his  office,  execute  bond  to  the  eonditiotnsCen, 
Commonwealth  in  such  sum  and  with  such  surety  as  shall  be  thereof, 
approved  by  the  court  of  Quarter  Sessions  of  the  respective 
county  or  by  two  of  the  judges  thereof,  with  condition  for 
the  faithful  performance  of  the  duties  imposed  on  him  by 
law,  which  bond  shall  be  for  the  use  of  all  persons  who  may 
be  aggrieved  by  the  acts  or  neglect  of  such  inspector. 

CLXXIV.  Every  person  appointed  an  inspector,  as  afore-  Bonds  to  be 
said,  shall  cause  the  bond  hereinbefore  prescribed,  being  duly  an^recor^d 
acknowledged  by  him  and  his  sureties,  to  be  recorded  by  the  jn  the  proper 
recorder  of  deeds  of  the  respective  county,  and  as  soon  af-  county,  &c. 
terwards  as  convenient,  to  be  transmitted  to  the  Secretary  of 
the  Commonwealth. 

CLXXV.  Copies  of  the  record  of  the  official  bond  of  any  Copies  of 
inspector,  acknowledged  and  recorded,  as  aforesaid,  and  duly  bonds,  certi- 
certified  by  the  recorder  of  deeds  for  the  time  being,  shall  be  made 

good  evidence  in  any  action  brought  against  sucji  inspector  evi  ence* 
or  his  sureties  on  such  bond  according  to  its  form  and  effect, 
in  the  same  manner  as  the  original  would  be  if  produced 
and  offered  in  evidence. 

CLXXVI.  Every  inspector  shall  at  his  own  costs  and  Inspectors 
charges  procure  such  brands,  instruments  and  apparatus,  as  re(luired  to 
may  be  necessary  or  may  be  by  law  required  for  the  due  ex-  brandseinstru- 
ecution  of  the  duties  of  his  office.  ments/<fec. 

CLXXVII.  Every  inspector  and  every  deputy  inspector  Inspectors  to 
shall  upon  the  requisition  of  the  owner  or  possessor  of  any  proceed,  upon 
article  liable  by  law  to  his  inspection,  proceed,  unless  actu-  request,  to  in- 
ally  employed  at  the  time  of  such  requisition  in  performing  i^tuail  une^ssa 
other  duties  of  his  office,  and  withont  any  unnecessary  delay,  ged^under^ 
to  the  inspection  thereof,  under  penalty  of  two  dollars  and  penalty, 
fifty  cents  for  every  three  hours  delay  without  sufficient  ex¬ 
cuse,  for  the  use  of  the  party  aggrieved,  in  addition  to  the 


764 


ACTS  OF  ASSEMBLY. 


damages  which  such  owner  or  possessor  may  actually  sustain 
by  such  delay. 

The  owner,  CLXXVIII.  If  the  owner  or  possessor  of  any  article  liable 
&c,  may  have  to  inspection,  as  aforesaid,  shall  be  dissatisfied  with  the  judg- 
reversedgment  ment  insPector  concerning  the  quality,  quantity  or 

package  of  such  article,  or  in  any  other  respect,  he  may  have 
such  judgment  reviewed  by  triers,  to  be  appointed  in  the  fol¬ 
lowing  manner: 

Magistrates,  CLXXIX.  On  the  application  of  such  owner  or  possessor 
tion11  tissue  t0  any  jdSt*ce  Peace  or  alderman  of  the  city  or  county 

warrants  to  w^iere  such  inspection  may  have  been  had,  such  magistrate 
triers,  &c.  shall  issue  a  warrant  to  three  judicious  disinterested  persons  of 
integrity,  well  skilled  in  the  various  qualities  of  the  kind  of 
article  inspected,  and  in  the  manner  of  preparing,  packing, 
or  putting  up  the  same  for  sale  or  exportation,  directing  them 
to  review  and  examine  the  said  article,  and  forthwith  to  make 
report  to  him  of  the  quality,  quantity,  package  or  condition 
of  the  article  in  other  respects  as  the  case  may  require. 

How  triers  CLXXX.  The  triers  aforesaid  shall  be  appointed  by  such 
sha11  ke  ap-  magistrate  as  follows,  to  wit:  One  of  them  on  nomination 
p  ‘  of  such  owner  or  possessor  if  he  shall  see  fit  to  nominate, 
one  other  of  them  on  the  nomination  of  the  inspector,  if  he 
shall  see  fit  to  nominate,  and  the  third  shall  be  appointed  by 
such  magistrate  on  his  own  suggestion.  The  triers  appointed 
as  aforesaid  shall  be  severally  sworn  or  affirmed  carefully  to 
examine  and  inspect  the  article  or  thing  in  question,  and  make 
a  true  report  thereof  according  to  the  best  of  their  judgment. 

Magistrate  CLXXXI.  If  the  inspector  shall  neglect  or  refuse  to  nom- 
to  nominate  a  inate  a  trier  as  aforesaid,  the  magistrate  shall  appoint  two  of 
snection  if"  suc^  tr*ers-  If  owner  or  possessor  aforesaid  shall  neglect 
the  inspector  or  refuse  to  nominate  a  trier  as  aforesaid,  the  magistrate  shall 
refuses.  dismiss  the  complaint,  and  adjudge  the  owner  or  possessor 
aforesaid  to  pay  the  said  inspector  his  reasonable  costs  and 
charges  for  his  trouble,  and  enforce  the  payment  of  the  same 
by  execution  as  in  the  case  of  the  recovery  of  debts. 

^Triers  to  re-  CLXXX1I.  If  the  triers  aforesaid  or  any  two  of  them  shall 
gistrate  &C*  find  anc*  adjndge  such  arficle  not  to  be  merchantable,  or  not 
to  be  in  the  condition  required  by  law  for  sale  or  exportation, 
as  the  case  may  be,  they  shall  certify  to  the  said  magistrate 
in  what  respect  it  is  deficient,  and  the  cause  thereof  as  nearly 
as  maybe  known;  and  thereupon  the  said  magistrate  shall 
adjudge  such  owner  or  possessor  to  pay  the  said  inspector 
his  reasonable  costs  and  charges  for  his  trouble,  and  enforce 
the  payment  of  the  same  by  execution  as  in  the  case  of  the 
recovery  of  debts. 

If  the  triers  CLXXXIII.  If  the  triers  aforesaid,  or  any  two  of  them, 
adjudge  the  shall  find  and  adjudge  such  article  to  be  merchantable  and  in 
chantable^c  condition  required  by  law  for  sale  or  exportation,  as  the 
’  ’  case  may  be,  the  costs  and  charges  of  the  review  had  as  here- 


ACTS  OF  ASSEMBLY. 


765 


tofore,  a  penalty  not  exceeding  twenty  dollars,  to  be  assessed 
by  such  triers,  shall  be  paid  by  such  inspector,  and  payment 
thereof  shall  be  enforced  in  the  manner  aforesaid. 

6LXXXIV.  The  finding  of  the  triers  appointed  as  afore-  The  finding 
said,  or  of  any  two  of  them,  shall  be  final  and  conclusive,  ^  ^onclusfv^ 
and  the  magistrate  shall  thereupon  direct  the  article  or  thing 
inspected  to  be  marked  as  the  case  may  require. 

CLXXXV.  But  no  appeal  from  the  judgment  of  any  such  Appeals  not 
inspector  shall  be  allowed,  unless  the  same  be  prosecuted  *llowed  after 
within  twenty  days  after  the  judgment  of  the  inspector  as  wen  y  a^s‘ 
aforesaid. 

CLXXXVI.  Every  inspector,  as  aforesaid,  shall  keep  true  Inspectors 
accounts  in  a  book  or  books  in  a  plain  intelligible  manner, t0  keeP  tr!^e 
and  at  large,  of  the  manufactures,  productions  and  merchan-  articles*  by  & 
dise  by  him  or  by  his  deputies  inspected,  and  of  the  quantity  them  inspect- 
and  qualities  thereof,  and  such  accounts  shall  be  opened  at  ed,  &c. 
all  seasonable  hours  for  examination,  if  required  by  any  per¬ 
son  interested. 

CLXXXVII.  If  any  inspector  as  aforesaid  shall  refuse  or  Penalty  for 
neglect  to  record  his  proceedings  as  aforesaid,  or  shall  refuse  neglecting  to 
or  neglect  to  give  a  certified  extract  of  such  part  thereof  askeeP  accounts 
any  person  having  an  interest  therein  shall  require,  such  per¬ 
son  having  paid  or  tendered  to  him  his  fee,  provided  for  the 
same  by  this  act,  or  at  the  rate  of  ten  cents  for  every  hun¬ 
dred  words  that  may  be  contained  in  such  certificate,  he  shall 
for  every  such  neglect  or  refusal,  forfeit  and  pay  to  the  party 
aggrieved  a  sum  not  exceeding  twenty  dollars. 

CLXXXVIII.  If  any  such  inspector  shall  be  convicted  °fm*^alt^  /or 
making  a  fraudulent  entry  in  his  books  aforesaid,  he  shall  for-  dldent^entries 
feit  twenty  dollars  for  every  such  offence. 

CLXXXIX.  Every  deputy  inspector  shall,  within  twenty-  Deputy  in- 
four  hours  after  the  inspection  of  any  article  as  aforesaid,  sPectors  to  re¬ 
return  a  true  and  exact  account  thereof  to  his  principal,  if  principals  ^ 
resident  within  the  same  county,  under  penalty  of  twenty-  within  twenty 
five  cents  for  every  additional  hour  he  shall  neglect  or  refuse  four  hours &c. 
so  to  do. 

CXC.  Every  inspector  shall  annually  in  the  month  of  Inspectors  to 
January,  report  to  the  Auditor  General  under  oath  or  affir-  report  annual- 
mation,  the  quantity,  quality  and  value  of  the  articles  inspect-  auditor 
ed  by  him  and  his  deputies,  during  the  year  immediately  pre-generap 
ceding  the  first  day  of  the  said  month,  as  nearly  as  he  can 
ascertain  the  same,  distinguishing  such  as  may  have  been  ap¬ 
proved  from  such  as  may  have  been  condemned,  together 
with  the  amount  of  their  expenditures;  and  also  of  all  fees 
which  shall  have  been  received  by  him,  or  by  any  person  un¬ 
der  him  for  official  acts  and  services  performed  in  his  office, 
during  the  same  period;  he  shall  also  communicate  in  such 
report  such  other  information  relative  to  the  articles  inspected 
by  him,  as  may  in  his  judgment  be  useful  for  the  improvement 


766 


ACTS  OF  ASSEMBLY. 


of  such  articles  in  quality  or  in  the  manner  of  preparing  or 
putting  up  the  same. 

Inspectors  CXCI.  No  inspector  or  deputy  inspector  shall,  while 
and  deputies  in  office,  buy,  sell,  barter  or  otherwise  trade  directly  or  indi- 
notto  trade  in  rectly  in  any  article  or  articles  which  he  or  they  may  have 
the  ^rtJcl^s  m*  been  appointed  to  inspect,  and  if  any  inspector  shall  violate 
them  this  provision,  the  Governor  shall,  upon  satisfactory  proof 

thereof,  remove  him  from  office,  and  moreover,  such  inspec¬ 
tor,  and  such  deputy  inspector  shall  be  liable  to  a  penalty  not 
exceeding  one  hundred  and  fifty  dollars  for  every  such  of¬ 
fence,  and  be  disabled  thereafter  from  acting  in  their  respec¬ 


tive  office. 

Proviso  to  CXCII.  Provided ,  That  nothing  in  the  preceding  see¬ 
the  last  sec-  tion  contained,  shall  extend  to  the  inspector  of  flour  in  the 
tion,  and  ex-  borough  of  York,  in  the  county  of  York,  and  of  flour  in 
cep  ions.  fbe  borough  of  Pottsville;  nor  shall  it  debar  any  tradesman 
or  mechanic  from  purchasing  a  sufficient  quantity  of  materi¬ 
als  in  the  way  of  his  business,  to  be  made  up  or  manufactured 
or  used  by  him,  or  any  person  from  purchasing  any  article  for 
the  use  of  his  family,  so  always  that  he  shall  not  buy  any 
which  he  hath  before  adjudged  to  be  unmerchantable. 

Penalty  for  CXCIII.  Any  person  who  shall  act  as  inspector  or  as  a 
acting  without  deputy  inspector  aforesaid,  not  being  legally  authorized  for 
authority.  the  purpose,  shall  for  every  such  offence  forfeit  a  sum  not 
exceeding  twenty  dollars. 

Power  and  CXCIV.  Every  inspector  and  every  deputy  inspector  shall 
authority  of  have  full  power  and  authority,  by  virtue  of  this  act,  without 
enterCcraftt0  an^  ot^er  or  further  warrant,  to  enter  on  board  of  any  ship  or 
enclosures'  other  vessel,  and  any  boat,  ark, raft  or  other  water  craft,  lying 
&c.  or  being  in  any  port  or  place  of  export  of  this  Common¬ 

wealth;  and  into  any  mill,  granary,  yard  or  place  where  any 
of  the  articles  aforesaid,  liable  to  his  inspection,  have  been 
usually  stored  or  deposited,  to  search  for  and  make  discovery 
of  any  such  articles  with  respect  to  which  he  may  have  rea¬ 
sonable  ground  to  believe  that  a  forfeiture  or  any  penalty  or 
fine  may  have  been  incurred  under  the  provisions  of  this  act. 

Inspectors  CXCV.  It  shall  be  the  duty  of  such  inspector,  and  of  his 

to  take  posses-  deDUty  to  take  into  his  possession  all  articles  so  discovered, 
sion  of  forfeit-  l  •  u  u  i  u  i*  i*  j  1 

ed  articles.  whlch  may  by  law  be  forfeited. 

Forfeited  ar  CXCVI.  It  shall  be  the  duty  of  every  inspector,  after  sei- 
ticles  to  be  zure  any  article  which  may  have  been  forfeited,  to  sell  the 
sold  at  auction  same  at  public  auction,  unless  it  be  otherwise  especially  pro- 
&c-  vided,  giving  at  least  five  days  notice  of  such  seizure,  and  of 

the  time  of  sale  in  one  or  more  newspapers  published  in  or 
near  the  place  of  seizure  as  aforesaid,  and  thereupon  he  shall, 
unless  otherwise  especially  provided,  pay  the  proceeds,  de¬ 
ducting  all  just  expenses  of  sale,  and  five  per  cent,  upon  the 
balance  for  his  trouble,  to  the  treasurer  of  the  respective 
county,  for  the  use  of  the  Commonwealth. 


ACTS  OF  ASSEMBLY. 


767 


CXCVII.  Every  person  who  shall  obstruct  or  hinder  any  Persons  ob- 
inspector  in  making  search  for  any  articles  liable  to  his  in-  strutting  in¬ 
spection,  or  shall  otherwise  oppose  or  molest  him  in  the  due  0aSmfsde- 
and  lawful  exercise  of  his  powers  or  execution  of  his  duties,  Meanor. 
shall  be  punishable  as  for  a  misdemeanor,  by  a  fine  not  ex¬ 
ceeding  five  hundred  dollars,  or  by  imprisonment  not  exceed¬ 
ing  one  year,  or  by  both,  at  the  discretion  of  the  court  having 
jurisdiction  of  the  offence. 

CXCVIII.  Every  person  who  shall  counterfeit  >  forge,  or  Persons 
fraudulently  impress,  or  make  the  brand  mark  or  any  number  counterfeiting 
or  other  mark  of  any  such  inspector,  or  a  mark  or  number  in 
imitation  thereof  upon  any  article  subject  to  inspection  or  Misdemeanor, 
upon  any  cask  or  other  vessel  containing  such  article,  or  shall 
counterfeit  the  stamp  of  any  inspector  upon  any  plug,  or  shall 
frudulently  put  any  stamped  plug  into  any  cask,  or  shall  frau¬ 
dulently  alter,  deface,  conceal  or  erase  any  inspection  mark 
duly  made,  shall  for  every  such  offence  be  deemed  guilty  of 
a  misdemeanor,  and  be  punishable  by  a  fine  not  exceeding 
three  hundred  dollars,  or  by  imprisonment  not  exceeding  six 
months,  at  the  discretion  of  the  court  having  jurisdiction  of 
the  offence. 

CXCIX.  If  any  person  shall  put  into  any  cask  or  vessel,  Penalty  on 
after  the  same  has  been  inspected  and  marked  by  the  inspec-  persons  pack- 
tor  or  his  deputy,  any  article  of  the  same,  or  of  a  different  cafkTTavin*1* 
kind,  and  liable  to  inspection,  without  obliterating  the  brand  inspection  & 
or  other  marks  thereon,  with  intent  to  defraud;  or  if  any  marks,  with 
person  shall  unpack  any  article  liable  to  inspection,  which  has  intention  to 
been  inspected  and  condemned,  and  repack  or  put  up  the  de“*au  >  c- 
same  in  any  other  form,  without  submitting  it.  to  the  inspector 
according  to  law,  such  person  shall  forfeit  and  pay  for  every 
such  offence,  a  sum  not  exceeding  one  hundred  and  twenty- 
five  dollars,  and  the  article  so  put  up  in  such  cask  or  vessel, 
or  so  unpacked,  shall  be  forfeited. 

CC.  Every  person  who  shall  counterfeit,  forge  or  fraudu¬ 
lently  impress  upon  any  article  liable  to  inspection,  or  upon  Persons, 
any  cask  or  vessel  containing  such  article,  the  brand  mark  or  ^he  mari^s  of  a 
other  mark  of  any  miller,  manufacturer,  packer  or  other  per-  mmer  marm- 
son,  or  shall  fraudulently  alter,  deface  or  erase  any  such  facturer,  &c. 
mark,  or  shall  fraudulently  impress  the  brand  mark,  or  other  guilty  of  a 
mark  of  any  person  upon  any  such  article  or  vessel,  shall  be  misdemeanor, 
deemed  guilty  of  a  misdemeanor,  and  shall  be  punishable  by 
a  fine  not  exceeding  three  hundred  dollars. 

CCI.  If  any  person,  whose  fees  are  fixed  by  this  act,  shall 
take  by  color  of  his  office  or  occupation,  by  custom,  or  under  penaity  0n 
any  other  pretence  whatsoever,  any  other  or  greater  fees  for  inspectors  for 
services  performed  in  pursuance  of  this  act,  than  are  hereby  demanding  il- 
allowed,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  leSal  ^ecs* 
conviction  thereof  shall  pay  a  fine  of  fifty  dollars,  one  half 


768 


ACTS  OF  ASSEMBLY. 


for  the  use  of  the  Commonwealth,  and  the  other  half  for  the 
use  of  the  person  injured. 

Fines  and  CCII.  All  fines  and  pecuniary  penalties  which  may  be  in¬ 
penalties,  in-  Curred  under  any  of  the  provisions  of  this  act,  shall,  unless  it 
thi s^ae t*  °  h o w  °^erwise  especially  provided,  be  recoverable  in  the  name 

recovered.  °f  the  Commonwealth,  at  the  instance  of  any  person  who 
shall  sue  therefor  in  the  same  manner  as  debts  of  the  like 
amount  are  recoverable,  with  costs  of  suit,  and  one  moiety 
thereof  shall  be  paid  to  the  person  suing  for  and  recovering 
the  same,  and  the  residue  shall  be  paid  into  the  treasury  of 
the  county  for  the  use  of  the  Commonwealth. 

Town  cotin-  CCIIL  The  town  councils  of  the  boroughs  of  Allegheny, 
cils  of  the  bo-  and  the  Northern  Liberties  of  Pittsburgh,  in  the  county  of  Al- 
fe  "hen  °anc^"  ^e^ieny?  are  hereby  authorized  at  the  time  appointed  for  the 
Northern  Lib- annua^  election  of  the  treasurer  and  other  officers  of  said  bo- 
erties  of  Pitts-  roughs,  to  elect  for  each  of  said  boroughs  an  inspector  of  salt, 
burgh,  autho-  whose  duty  it  shall  be  to  inspect  and  examine  all  salt  in  bar- 
rized  to  elect  rejSj  landed  within  the  respective  limits  of  the  said  boroughs, 
borcmghs,  an  an^  mar^  the  quality  thereof,  by  a  brand  to  be  provided  by 
inspector  of  each  of  said  boroughs,  and  that  the  compensation  -to  each  of 
salt.  said  inspectors  be  paid  by  the  owners  of  said  salt  according 

to  the  ordinances  of  said  boroughs  respectively,  to  be  passed 
for  that  purpose. 

Inspector  to  CCIV.  Each  of  said  boroughs  be  respectively  authorized 
give  bond,  an- require  said  inspectors  to  give  bond  and  security  for  the 
nual  report,  faithful  performance  of  their  official  duties  in  such  form  as 
they  may  provide;  and  to  compel  said  inspectors  to  make  an¬ 
nual  reports  of  their  several  inspections,  and  to  impose  a  pe¬ 
nalty  on  all  persons  who  shall  neglect  or  evade  the  inspection 
of  salt  as  provided  for  by  their  ordinance  or  ordinances,  and 
the  salt  so  inspected  and  branded,  may  be  exposed  for  sale, 
in  any  county,  city  or  place  within  this  commonwealth,  with¬ 
out  being  subject  to  any  second  or  future  inspection. 

Passed  15th  April,  1835.  See  Pamph.  Laws  of  Penn,  session  of 
1834-5,  pages  384-424. 


A  Supplement  to  an  act  entitled  “An  act  relating  to  Inspections,” 
approved  the  fifteenth  day  of  April,  one  thousand  eight  hundred 
and  thirty-five. 

Corn  meal.  I*  &e  ^  enacted,  &fc.  That  com  meal  liable  to  be  inspect- 
ed,  may  be  bolted  or  sifted,  and  the  inspector  or  manufactu¬ 
rer  of  flour,  shall  not  mark  or  stamp  the  month  on  the  casks 
Boards  and  in  which  it  was  inspected;  and  that  boards  or  plank  may  be 
and  plank.  exported  without  being  square  edged. 

Susquehanna  II.  Nothing  in  the  act  to  which  this  is  a  supplement,  shall 
and  Delaware  be  so  construed  as  to  require  the  inspection,  proving  or  brand- 
flour.  fjour  or  meai?  0f  any  kind,  shipped  or  laden  on  the 


ACTS  OF  ASSEMBLY. 


769 


waters  of  the  Susquehanna  and  Delaware,  and  their  branches, 
and  intended  to  be  transported  by  the  waters  of  said  rivers 
to  a  market  out  of  this  state,  but  within  the  limits  of  the 
United  States. 

III.  So  much  of  the  eighth  section,  so  much  of  the  twenty-  Repeah 
sixth  section,  and  so  much  of  the  thirty-first  and  thirty-second 
sections,  and  so  much  of  the  one  hundred  and  fifty-seventh 
section  of  the  act  to  which  this  is  a  supplement,  as  is  hereby 
altered,  and  all  other  acts  and  parts  of  acts  relating  to  inspec¬ 
tions,  except  this  act  and  the  act  to  which  this  is  a  supple¬ 
ment,  be  and  the  same  are  hereby  repealed. 

IV.  That  the  true  intent  and  meaning  of  the  various  sec-  Relative  to 
tions  of  the  act  to  which  this  is  a  supplement,  relating  to  foreign  foreign  pro¬ 
produce  imported  into  this  state,  and  thence  exported,  are  duce- 
declared  to  be,  that  no  produce  imported  into  this  state  from 

any  other  state  or  country,  shall  be  liable  to  inspection  prior 
to  exportation  from  this  state,  if  marked  or  branded  with  the 
name  of  the  state  or  country  whence  it  was  originally  export* 
ed,  though  the  mark  or  brand  may  have  been  affixed  thereto 
after  its  importation  within  this  State :  Provided ,  That  noth*  proviso 
ing  herein  contained  shall  be  construed  to  repeal  any  of  the  S 

provisions  of  the  said  act,  imposing  penalties  for  the  false 
marking  or  branding,  or  exporting  produce  raised  or  manu¬ 
factured  within  the  State,  without  inspection ;  And  provided 
further ,  That  nothing  herein  contained  shall  be  so  construed 
as  to  prevent  the  inspection  of  foreign  produce,  when  it  is 
desired  by  the  purchaser  or  exporter. 

Passed  31st  March,  1836.  See  Pamphlet  Laws  of  Penn .  session  of 
1835-36,  pages  332-3. 


An  Act  to  incorporate  the  Preston  Retreat,  and  relative  to  the  sale 
of  lands  of  St.  John’s  church,  in  Norristown,  Montgomery  county, 
and  for  other  purposes. 

XXXVIL  Be  it  enacted ,  S$c.  That  pot  and  pearl  ashes  Pot  and 
liable  to  inspection,  shall  be  put  up  and  secured  in  sound,  pearl  ashes; 
tight,  and  full-bound  casks,  made  of  white-oak  staves  and ll0W  Put  UP- 
heading,  or  of  such  other  sound  timber  as  the  inspector  shall 
judge  proper,  and  every  cask  which  shall  be  used  for  the  pur-  g0  much  0f 
pose  aforesaid,  shall  be  twenty-four  inches  long,  and  twelve  act  of  16th 
inches  diameter  at  the  head;  and  so  much  of  the  one  hun-  April,  incon- 
dred  and  fourth  section  of  the  act  of  the  fifteenth  of  April,  f/s.tent  Wlt^  , 

i  j  t hie  rpnpalpn 

eighteen  hundred  and  thirty-five,  entitled  “An  act  relating  to  ’  F 
inspections,”  as  is  inconsistent  herewith,  is  hereby  repealed : 

Provided ,  That  nothing  in  this  act,  or  the  act  of  the  fifteenth  prov;so 
of  April,  eighteen  hundred  and  thirty-five,  as  relates  to  the 
size,  capacity,  or  material  of  packages,  kegs  or  casks,  shall 
118 


770 


ACTS  OF  ASSEMBLY. 


be  construed  to  extend  to  any  produce  whatever,  of  other 
states  than  Pennsylvania.73 

Passed  16th  of  June,  1836.  See  Pamphlet  Laws  of  Penn,  session  of 
1835-36,  page  825. 


An  Act  declaring  the  streets  in  the  town  of  Mifflinburg,  in  Columbia 
county,  public  highways,  and  relating  to  Duquesne  way,  Pitts¬ 
burgh  Gas  works,  and  for  other  purposes. 

II.  Be  it  enacted ,  fyc.  That  the  select  and  common  coun¬ 
cils  of  the  city  of  Pittsburgh  be,  and  they  are  hereby  autho¬ 
rized  and  required,  on  application  made  to  them  by  the  peti¬ 
tion  in  writing,  of  one  or  more  owners  of  lots,  lying  north* 
wardly  and  westwardly  of  Penn  street,  and  the  eastern  boun¬ 
dary  of  the  said  city,  to  define,  locate  and  cause  to  be  opened 
a  public  street,  to  be  designated  and  known  by  the  name  of 
Duquesne  Duquesne  way,  which  shall  be  of  at  least  forty  feet  in  width, 
way  to  be  lo-  anc|  gjiaj|  extend,  running  parallel  with  Penn  street,  from  the 
ca  e  ’  c‘  said  eastern  boundary  until  it  shall  intersect  Water  street, 

7  3  Previous  to  the  passage  of  the  foregoing  acts  of  assembly  relating  to  inspec¬ 
tions,  the  law  was  in  a  confused  and  almost  unintelligible  shape.  The  great  and 
growing  commerce  of  the  state  imperiously  called  for  a  revision;  and  now, 
according  to  the  provisions  of  the  third  section  of  the  act  of  the  31st  of  March, 
1836,  “  all  other  acts  and  parts  of  acts  relating  to  inspections,”  except  those  here 
inserted,  are  entirely  repealed.  The  vast  and  increasing  commerce,  trade,  and 
transportation  of  merchandize,  of  all  descriptions,  on  the  Pennsylvania  canals,  in 
which  the  city  of  Pittsburgh  is  deeply  interested;  and  the  inspection  laws  giving 
to  justices  of  the  peace  and  aldermen  jurisdiction  in  a  variety  of  cases  for  penalties, 
&c.  by  which  buyers  and  sellers  are  materially  affected,  it  was  thought  advisable 
to  insert  those  acts  at  large,  for  the  information  as  well  of  merchants  and  traders 
particularly  as  for  the  inhabitants  at  large.  Although  a  considerable  portion  of  the 
acts  in  the  text  are  confined  in  their  operation  to  cases  in  which  the  articles 
directed  to  be  inspected  are  intended  for  foreign  exportation,  yet  the  mode  and 
manner  of  putting  up  the  articles  and  preparing  them  for  market,  being  a  matter 
of  general  concernment,  with  which,  (particularly  as  heavy  penalties  are  inflicted 
for  violation  of  the  statuary  regulations,)  the  city  authorities  should  not  be  ignorant, 
the  publication  of  the  inspection  laws,  in  this  form,  will  afford  a  ready  reference 
to  the  councils,  the  officers  of  the  city,  and  all  others  concerned.  With  regard  to 
the  duties  of  inspectors,  under  these  laws,  it  seems  the  officer  cannot  withhold  his 
services  till  he  receives  his  fee ;  nor  divide  an  act  of  duty  into  several  parts,  so  as  to 
make  separate  charges  of  less  than  $5.33,  in  order  to  preclude  a  defendant  from  the 
right  of  an  appeal  from  the  decision  of  the  justice  or  alderman.  Commonwealth 
vs .  G'enther  17  S.  &■  R.  135.  For  the  rules  and  regulations  as  to  the  inspection  of 
cargoes  on  the  canals,  as  established  by  the  board  of  canal  commissioners,  and 
published  by  their  authority  in  1833,  in  pursuance  of  the  provisions  of  the  act  of 
assembly  of  the  6th  April,'  1830,  ( Purden’s  Digest,  148,)  see  Parke  Johnson’s  Dig. 
78-90.  These  embrace  all  the  rules  with  regard  to  the  registry  and  weighing 
of  boats,  inspection  of  cargoes,  clearances  and  collection  of  tolls,  navigation  and 
protection  of  the  canal,  bridges,  basins,  &c.  and  the  bringing  of  suits  for  penalties. 
See  also  the  rules,  &c.  established  by  the  board  of  canal  commissioners,  and 
published  by  their  authority  in  1833,  in  pursuance  of  the  act  of  assembly  before 
referred  to,  embracing  the  inspection,  weight,  and  registry  of  empty  cars,  the 
inspection  of  cargoes,  the  bringing  of  suits  for  penalties,  &c.  Ibid.  90,  100;  and  the 
notes  and  references  appended  thereto. 


ACTS  OF  ASSEMBLY 


771 


Proviso 


Public  land- 


continued  on  such  courses,  and  for  such  distance  as  the  said 
councils  shall  determine  and  direct,*  (authority  being  hereby 
granted  to  continue  and  open  the  same;)  and  the  distance 
between  the  said  Penn  street  and  the  said  Duquesne  way, 
measured  on  any  line  perpendicular  to  both,  shall  not  be  less 
than  four  hundred  and  twenty  feet,  nor  graded  more  than  four 
feet  below  the  grade  of  Penn  street:  Provided  nevertheless , 

That  before  the  said  way  shall  be  opened,  the  provisions  here¬ 
inafter  contained  for  the  assessment  of  damages,  and  com¬ 
pensation  to  the  owners  of  lots,  shall  have  first  been  complied 
with. 

III.  After  the  said  way  shall  have  been  located  and  opened, 
according  to  the  provisions  of  this  act,  the  councils  of  the 
city  of  Pittsburgh  aforesaid  be,  and  they  are  hereby  autho¬ 
rized  to  fix  and  adopt  a  convenient  grade  for  the  space  lying 
northwardly  from  the  line  of  the  said  way,  and  to  occupy,  fill 
up,  and  improve  the  same,  according  to  the  grade  adopted; 
and  the  space  so  graded  and  lying  between  the  said  way  and 
low  water  mark  of  the  Allegheny  river,  shall  forever  thereaf¬ 
ter  be  occupied,  used,  and  employed  as  a  public  landing, 
and  the  said  councils  shall  have  full  power  to  make  such 
rules,  regulations  and  by-laws,  regulating  the  use  of  the  said 
public  landing,  as  they  may  think  proper,  and  shall  not  be . 
inconsistent  with  the  existing  laws  of  this  commonwealth,  to  in^’ 
direct  and  enforce  the  collection  of  such  fees,  tolls,  and  du¬ 
ties  in  the  nature  of  wharfage,  as  they  may  deem  just  and 
expedient,  and  to  exercise  in  every  respect,  over  the  said  pub¬ 
lic  street  and  public  landing,  when  the  same  shall  be  opened,  Tolls  or 
the  same  powers  and  authority  which  they  may  or  can  exer-  wharfage, 
cise  by  law  over  the  other  public  streets  and  landings  within 
the  said  city. 

IV.  When  the  said  city  councils  shall  have  located,  and 
defined  by  its  limits,  the  said  way,  according  to  the  provisions 
of  the  first  section  of  this  act,  they  shall  direct  two  plans 
thereof  to  be  made  by  the  city  regulator,  showing  accurately  Two  plans  of 
the  location  and  limits  of  the  said  way,  together  with  those  the  way' 
of  the  streets  and  lots  adjacent  thereto,  the  names  of  the  ow¬ 
ner  being  marked  thereon,  one  of  which  plans  shall  be  kept 
in  the  office  of  the  said  city  regulator,  and  the  other  shall  be 
filed  in  the  office  of  the  clerk  of  the  court  of  Quarter  Sessions 
of  the  county  of  Allegheny,  the  said  plans  to  be  opened  at 
all  reasonable  times,  for  the  inspection  of  all  persons  wishing 
to  examine  the  same;  and  the  said  councils  shall  cause  pub¬ 
lic  notice  to  be  given,  in  two  newspapers  published  in  the  said 
city,  for  at  least  two  weeks  previous  to  a  regular  setting  of 
the  court  of  Quarter  Sessions  in  the  said  county,  of  the  loca¬ 
tion  and  intended  opening  of  the  said  way,  and  of  the  places  locating 
where  plans  thereof  are  deposited  for  inspection;  and  any 
person  or  persons  owning  lots  to  which  the  said  way  is  adja- 


&c. 


Notice  of 


772 


ACTS  OF  ASSEMBLY. 


Viewers  of 
damages  ap¬ 
pointed. 


Payment  of 
damages. 


Boundary  c 
certain  lots. 

Pittsburgh 
Gas  works. 

Proviso. 


Injury  to 
property  in¬ 
dictable. 


Streets  to 
highways 


cent,  and  who  shall  consider  that  his,  her,  or  their  lot  or  lots, 
are  or  shall  be  damaged  by  the  said  location,  may  make  ap¬ 
plication,  by  petition,  to  the  next  court  of  Quarter  Sessions 
following  the  publication  of  the  said  notice,  who  shall  there¬ 
upon  appoint  twelve  discreet  and  disinterested  persons,  who, 
being  first  sworn  or  affirmed,  shall  proceed  to  inquire,  on  ac¬ 
tual  view  of  the  premises,  whether  any,  and  what  damages 
may  or  shall  be  sustained  by  the  persons  petitioning, by  reason 
of  the  opening  of  the  said  way ;  and  the  said  viewers,  or  a  majo¬ 
rity  of  them,  shall  make  a  report  to  the  next  court  of  Quarter 
Sessions  of  their  appraisement  of  the  damage  sustained,  if 
any,  and  of  their  apportionment  of  the  same  among  the  said 
owners,  which  report  shall  be  filed  in  the  said  court,  and  en¬ 
tered  at  large  in  the  dockets  thereof,  and  shall  forever  there¬ 
after  bind  and  conclude  all  persons  owning  lots  adjacent  to 
or  affected  by  the  opening  of  the  said  way;  and  the  said  city 
councils,  so  soon  as  the  damages,  if  applied  for  and  assessed 
in  the  manner  aforesaid,  shall  have  been  paid,  under  their 
direction,  out  of  the  city  treasury,  to  the  persons  entitled  to 
receive  the  same,  may  immediately  thereafter  direct  the  open¬ 
ing  of  the  said  way  and  landing,  through  the  whole  distance 
herein  before  authorized,  or  through  the  square  or  squares  in 
which  the  said  damages  have  been  paid  or  unclaimed,  within 
the  time  aforesaid,  in  the  manner  and  for  the  purposes  here¬ 
inbefore  specified,  and  all  lots  which,  previous  to  the  opening 
-of  the  said  way,  were  bounded  by  the  Allegheny  river,  shall 
forever  thereafter  be  bounded  by  and  front  on  the  way  herein 
authorized  to  be  opened. 

V.  That  the  trustees  of  the  Pittsburgh  Gas  works  be,  and 
they  are  hereby  authorized  to  lay  the  necessary  pipes  from 
the  works  to  the  city  lines :  Provided ,  The  same  do  not  pass 
through  private  property:  And  provided ,  The  like  precau¬ 
tions  be  taken  in  opening  and  closing  up  the  highway,  as  are 
or  may  be  enjoined  in  reference  to  opening  and  closing  up 
the  streets  of  said  city. 

VI.  For  the  violation  of  any  ordinance  of  the  city  of 
Pittsburgh,  passed  for  the  protection  of  said  property  from 
injury,  the  party  offending,  if  the  offence  be  committed  with¬ 
out  the  city  limits,  may  be  punished  by  indictment  in  the  court 
of  Quarter  Sessions  of  Allegheny  county. 

VII.  The  select  and  common  councils  of  the  city  of  Pitts¬ 
burgh  be,  and  they  are  hereby  fully  authorized  and  empowered 
to  lay  out,  open,  extend  and  widen  such  street  or  streets,  as 
they  may  deem  necessary  to  communicate  between  the  public 
streets  of  said  city  and  the  Pittsburgh  Gas  works,  and  such 
street  or  streets,  from  the  time  the  same  may  be  declared  and 

>e  ordered  by  said  councils  to  be  opened,  extended  or  widened, 
shall  forever  after  be  deemed,  adjudged  and  taken  as  public 
highways,  and  subject  to  the  same  regulation  and  police  as 


ACTS  OF  ASSEMBLY. 


773 


other  streets  or  highways  of  said  city:  Provided  nevertheless ,  ^Proviso. 

That  the  owner  or  owners  of  ground  through  which  any  such 

street  shall  be  opened,  extended,  or  widened,  may  proceed  in 

the  same  manner  to  obtain  indemnification  for  any  injury  he 

or  they  may  sustain  thereby,  as  is  directed  by  the  several  acts 

in  force,  and  providing  for  the  opening  of  public  roads  in  this 

commonwealth.74 

Passed  31st  March,  1836.  See  Pamphlet  Laws  of  Penn,  session  of 
1835-36,  pages  317-20. 


An  act  to  authorize  suit  to  be  brought  upon  the  official  bond  of  Wil¬ 
liam  B.  Mitchell,  late  superintendent.7  5 

III.  Beit  enacted,  Sfc.  That  a  tract  of  land  adjoining  to  Certain  land 
and  bounded  in  part  by  the  eastern  bounds  of  the  city  of  ®$0!“in5 
Pittsburgh,  shall  beset  off,  defined  by  limits,  and  surveyed,  m*ald9e  “r|it 

in  the  manner  and  for  the  purposes  hereinafter  specified,  as  a  district. 

city  district,  for  the  said  city,  the  boundaries  and  description 

whereof  shall  be  as  follows :  Beginning  at  the  south  eastern  Boundaries 

corner  of  the  said  city,  in  the  Monongahela  river,  thence  by  and  descrip- 

the  middle  of  the  said  river  to  a  point  opposite  to  the  mouth tion- 

of  the  two  mile  run,  thence  by  a  straight  line,  carried  over 

the  mouth  of  the  said  run,  and  over  the  house  of  William 

Farrow,  to  the  intersection  of  the  straight  line,  with  the 

southern  boundary  line  continued,  of  the  borough  of  the 

Northern  Liberties,  thence  by  the  said  southern  boundary 

line  to  the  eastern  boundary  line  of  the  said  city,  and  thence 

by  the  same  to  the  place  of  beginning;  and  the  said  city 

district,  so  set  off  and  defined,  shall  be  subdivided  into  sec-  Subdivided 

tions,  in  the  manner  hereinafter  prescribed,  subject  to  the  into  sections. 

following  limitations,  viz:  No  section  shall  contain  more  than 

sixty,  or  less  than  thirty  acres,  and  the  boundary  lines  of  Sections — 

each  shall  be  made  to  conform,  when  such  conformity  can  be  how  aid  out’ 

conveniently  obtained,  with  the  lines  or  streets  bounding  or 

laid  out  through  the  property  of  individual  owners,  nor  shall 

any  section  be  made  to  be  partly  on  one  side,  and  partly  on 

the  other  side  of  the  Farmers’  and  Mechanics’  turnpike  road, 

or  of  the  Pittsburgh  and  Coal  Hill  turnpike,  as  the  same  are 

now  located  through  the  said  city  district. 

IV.  The  court  of  Quarter  Sessions  of  the  county  of  Alle-  Court  to  ap- 
gheny  be,  and  they  are  hereby  authorized  and  required,  at  any  Polnt  com‘ 

7  4  See  ante ,  p.  815-17,  and  note  56  attached  thereto.  The  5th,  6th  and  7th 
sections  of  this  act  are  there  published  in  the  form  of  a  separate  act,  under  the 
title  of  “  an  act  relative  to  the  Pittsburgh  Gas  Works.” 

7  *  See  note  35,  ante ,  p.  65.  The  title  of  this  act  would  not  lead  any  person  to 
suppose  it  had  any  relation  to  the  city  of  Pittsburgh,  important  as  it  is — and  in  the 
hurry  of  legislation  it  appears  that  even  the  comprehensive  term,  “  and  for  other 
purposes ,”  has  been  accidentally  omitted. 


774 


ACTS  OF  ASSEMBLY. 


this  act. 


missioners  to  time  before  the  first  day  of  June  next,  to  order  and  appoint 
perform  duties  three  discreet  and  disinterested  freeholders,  as  commissioners 
enjoined  in  for  sajj  cjty  district,  none  of  whom  shall  reside  or  own 
real  estate  in  the  same,  who  shall  take  and  subscribe  an  oath 
or  affirmation,  before  one  of  the  judges  of  the  said  court,  or 
any  alderman  of  the  said  city,  well  and  faithfully  to  perform 
Vacancies— the  duties  required  by  this  act,  to  the  best  of  their  abilities, 
how  filled.  without  favor  or  partiality ;  and  in  case  of  the  death,  resignation, 
or  inability  to  act,  of  any  of  the  commissioners  appointed  as 
aforesaid,  before  the  intended  purposes  of  this  act  shall  have 
been  fulfilled,  it  shall  be  lawful  for  the  said  court  to  appoint 
another,  or  other  persons,  to  supply  his  or  their  places,  who, 
being  qualified  as  aforesaid,  shall  have  the  same  power  as  the 
commissioners  appointed  in  the  first  instance,  by  the  said 
court. 

Commiss’rs  V.  The  said  commissioners,  appointed  and  qualified  as 
to  aPPointsur’ aforesaid,  shall  proceed,  taking  to  their  assistance  an  able  and 
competent  surveyor,  to  survey  and  mark  out  by  its  limits  the 
said  city  district,  and  to  make  a  subdivision  of  the  same  into 
sections,  according  to  the  boundaries,  description,  direction, 
and  restrictions  hereinbefore  specified  and  contained,  and  the 
said  commissioners  shall  have  power,  and  they  are  hereby 
directed  and  required,  to  make  and  lay  out  a  general  plan  of 
the  said  district,  to  survey,  locate,  and  mark  therein  such 
streets,  alleys  and  squares  as  they  shall  think  proper,  giving 
to  the  same  such  arrangement  and  dimensions  as  shall,  in 
their  judgment,  be  best  calculated  to  meet  the  wants  and 
convenience  of  any  future  population,  and  the  said  commis¬ 
sioners  shall  cause  to  be  erected,  or  inserted  at  suitable  points 
Land  marks  within  the  said  district,  land  marks,  of  durable  materials, 
to  be  erected,  from  which  the  boundary  lines  of  the  said  district,  sections, 
streets,  alleys,  and  squares,  contained  in  the  said  general  plan, 
may  at  any  time  be  retraced  and  determined,  securing  the 
same,  as  far  as  may  be,  from  injury  or  displacement:  Provi¬ 
ded  nevertheless ,  That  all  streets,  lanes  and  alleys  within  the 
said  district,  which  shall  have  been,  previous  to  the  making  of 
the  said  plan,  laid  out,  and  appropriated  by  private  persons, 
or  otherwise,  for  public  use,  or  for  the  use  of  the  owners  of 
lots  fronting  thereon,  or  adjacent  thereto,  shall  be  adopted, 
inserted  in,  and  made  part  of  the  said  general  plan,  with  such 
increase  of  width  and  extension  as  the  said  commissioners 
may  think,  in  any  case,  necessary  and  expedient. 

Map  or  plan  VI.  The  said  commissioners,  when  they  shall  have  com- 
to  be  filed  in  pleted  their  surveys,  and  shall  have  determined  the  limits  and 
of^Quart^*61^  l°eat'on  the  said  sections,  streets,  alleys,  and  squares,  to 
Sessions  61  be  contained  in  the  said  general  plan,  shall  cause  to  be  made 
a  correct  map  or  plan  of  the  same,  with  such  description  and 
explanations  as  may  be  necessary  to  a  perfect  understanding 
of  the  same,  and  shall  return  it  to  the  court  of  Quarter  Ses- 


veyor. 


Plan  of  dis¬ 
trict  to  be 
made. 


Proviso  re¬ 
specting 
streets,  lanes, 
and  alleys 
already  laid 
out. 


ACTS  OF  ASSEMBLY. 


775 


sions  aforesaid,  and  it  shall  be  the  duty  of  the  clerk  of  the 
said  court,  to  receive  and  file  the  said  map  or  plan  in  his 
office,  for  public  inspection  and  examination,  and  to  give 
notice,  in  at  least  two  newspapers,  published  in  the  city  of 
Pittsburgh,  that  on  a  certain  day  appointed  by  the  court,  the 
said  court  will  hear  any  objections  which  may  be  made  there-  appointed0  to 
to,  by  any  of  the  freeholders  owning  property  in  the  said  dis-  hear  objec-  ° 
trict,  who  shall  consider  themselves  aggrieved  by  the  adop-  tions. 
tion  of  the  same,  and  the  said  court,  after  hearing  the  objec¬ 
tions,  shall  adjudge  and  determine  whether  the  same  shall  be 
fully  established,  or  whether  any,  and  what  alterations  shall  be  Court  to  de- 
made  in  the  same,  and  after  such  determination,  shall  direct  termine  whe- 
the  said  map  or  plan,  with  such  alterations  as  shall  have  been  shall^e^steb 
made,  to  be  recorded,  and  thenceforth,  the  said  map  or  planished, 
shall  be  taken  and  allowed  as  a  general  plan  for  the  said  dis¬ 
trict,  for  the  purposes  herein  contained,  and  the  streets,  lanes 
and  alleys  so  approved,  shall  forever  after  be  deemed,  ad¬ 
judged,  and  taken  as  public  highways:  Provided  neverthe -  Proviso. 
less,  That  the  opening  of  the  same  as  part  of  the  said  gene¬ 
ral  plan,  shall  not  be  ordered  before  the  provisions  and  condi¬ 
tions  hereinafter  mentioned,  shall  have  been  complied  with. 

VII.  The  commissioners  of  the  county  of  Allegheny  be,  .Pay  com- 
and  they  are  hereby  authorized  and  required,  to  pay  out  of 

the  county  treasury,  to  each  of  the  commissioners  appointed 
in  pursuance  of  this  act,  the  sum  of  one  dollar  and  fifty 
cents  for  each  and  every  day  they  shall  have  been  employed 
in  performing  the  duties  required  by  this  act,  and  also,  their  Costs  of  ex- 
reasonable  costs  and  charges  in  procuring  the  surveys,  maps,  penses  of 
plans  and  erections  hereinbefore  directed,  and  the  said  county  ^cPtoSbeVaTdf 
commissioners  are  hereby  empowered  to  be  caused  to  be  levied  Special ^ax^o 
and  collected  on  the  real  property  situated  within  the  city  be  levied  on 
district  aforesaid,  a  special  tax,  sufficient  in  amount  to  reim-  said  district  to 
burse  the  sums  which  shall  have  been  paid  in  pursuance  ofPa^  exPenses- 
the  directions  herein  contained, and  also,  all  charges  incurred 
in  assessing  and  collecting  the  same,  and  the  said  special  tax 
shall  be  assessed  and  collected  according  to  the  directions 
and  provisions  of  the  several  acts  for  raising  and  collecting 
county  rates  and  levies. 

VIII.  The  select  and  common  councils  of  the  city  of  Pitts-  .  0°  applica- 

burgh  shall  have  power,  and  by  virtue  of  this  act,  are  directed  freeholders^ 
and  required,  on  the  petition  of  any  number,  being  not  less  councils  to 
than  thirty,  of  the  freehold  owners  of  lots  lying  within  the  receive  ad- 
limits  of  any  section  of  the  said  city  district,  and  adjoin-  joining  see¬ 
ing  the  then  limits  of  the  said  city,  to  declare,  by  ordi- tlons  into 
nance,  the  admission  of  the  said  section  into  the  said  city,  Received 
and  the  said  section  shall  forever  thereafter  be  deemed,  taken,  district  subject 
and  allowed  to  be  a  part  of  the  said  city,  to  all  intent  and  autho' 

purposes,  and  subject  to  the  jurisdiction  and  governments  of 

the  municipal  authorities  of  the  said  city,  as  fully  as  if  it  had 


776 


ACTS  OF  ASSEMBLY. 


Proviso  as 
to  damages. 


Private 
streets,  lanes. 


been  originally  made  a  part  of  and  included  within  the  same; 
and  the  streets,  lanes  and  alleys  contained  in  the  aforesaid 
general  plan,  so  far  as  the  same  be  within  the  limits  of  the 
section  so  admitted,  shall  be  opened  for  the  same  uses, 
and  subject  to  the  same  laws  and  regulations,  and  exercise  of 
powers,  as  the  other  public  streets  within  the  said  city:  Pro¬ 
vided  nevertheless ,  That  the  owner  or  owners  of  ground 
through  which  any  street,  lane,  or  alley,  not  previously  laid 
out  by  such  owner  or  owners,  shall  be  opened,  may  proceed 
in  the  same  manner,  to  obtain  indemnification  for  any  injury 
he  or  they  may  sustain  thereby,  as  is  directed  by  the  several 
acts  in  force,  and  providing  for  the  opening  of  public  roads 
in  this  commonwealth* 

IX.  All  streets,  lanes  and  alleys  within  the  city  of  Pitts- 

f  burgh,  if  not  less  than  twenty  feet  in  width,  which  have  been 

ft  widtb'made  out>  aPProPriated  and  opened  by  private  persons,  for  pub- 
public  high-  he  use,  or  for  the  use  of  the  owners  of  lots  fronting  thereon, 
waysv  or  which  shall  be,  being  of  not  less  than  twenty  feet  in  width, 

hereafter  laid  out,  appropriated,  and  opened,  as  aforesaid, 
shall  for  every  purpose  be  deemed,  taken,  and  be  public  high¬ 
ways,  as  fully  as  the  other  public  streets  within  the  said  city. 

X.  The  select  and  common  councils  of  the  city  of  Pitts- 

empowered  to  burglb  aforesaid,  when  they  shall  consider  that  the  opening  of 
open  or  widen  any  new  street,  lane,  or  alley  within  the  said  city,  or  that  an 
streets.  increase  of  width  of  any  street,  lane  or  alley  already  laid  out 

and  opened,  is  necessary,  for  the  use  and  convenience  of  the 
public,  shall  have  power,  and  they  are  hereby  authorized,  there¬ 
upon,  to  direct  and  determine  the  location  and  limits  of  such 
street,  lane,  or  alley,  or  the  increase  of  width  necessary  in 
Plan  to  be  any  case,  as  aforesaid,  and  a  plan  of  specification  of  such 
filed  for  pub-  location,  or  determination  of  increase  of  width,  shall  be  made 
lie  inspection.  an(j  deposited  in  the  office  of  the  recording  regulator  of  the 
said  city,  for  public  examination  and  inspection,  whereof  no- 
Notice  to  be  lice  shall  be  given  in  at  least  two  newspapers,  published  in 
given.  the  said  city;  and  any  owner  or  owners  of  ground  lying  on 

the  line  of  such  street,  lane,  or  alley,  who  shall  consider  that 
he,  she  or  they,  shall  suffer  damage  from  the  opening  or  wi¬ 
dening  of  the  same,  may  apply,  by  petition,  to  the  next  court 
of  Quarter  Sessions  of  the  county  of  Allegheny,  by  whom 
of  ctmrTon^  suc^  or<^ers  and  appointments  shall  be  made,  and  the  same 
petition  of  proceedings,  in  every  respect,  shall  be  had  for  the  view,  ap- 
persons  ag-  praisement  of  damages,  the  report  thereof,  and  confirmation 
grieved.  0f  the  game,  as  are  directed  by  the  provisions  of  the  general 
When  dam-  road  laws  of  this  commonwealth ;  and  the  said  councils,  so 
ages  are  paid,  soon  as  they  shall  have  caused  payment  of  damages  assessed, 
streets,  &c.  to  to  be  made  to  the  persons  entitled  to  receive  the  same,  ac- 
e  opene  .  cor(jj ng  to  the  report  of  the  viewers  returned  to  the  said 

court,  and  confirmed  by  the  same,  may  proceed  to  cause  such 
street,  lane,  or  alley,  to  be  opened  forthwith,  and  the  same 


ACTS  OF  ASSEMBLY 


777 


shall  forever  thereafter  be  taken  and  allowed  to  be  a  public 
highway,  for  the  same  uses  and  purposes  as  the  other  streets, 
lanes,  and  alleys,  within  the  said  city:  Provided  nevertheless , 

That  if  the  damages  ascertained  in  the  manner  aforesaid  shall  Proviso, 
not  have  been  paid  within  one  year  from  the  time  of  the  con¬ 
firmation  of  the  report  of  the  same,  then  the  proceedings  had 
in  pursuance  of  the  provisions  of  this  section,  shall  thereafter 
be  held  null  and  void. 

XI.  The  select  and  common  councils  of  the  city  of  Pitts¬ 
burgh  aforesaid,  shall,  during  the  present  year,  and  in  each  Pittsburgh  to 
and  every  year  thereafter,  divide  the  said  city  into  four  be  divided  in¬ 
wards  or  districts,  so  as  to  make  the  number  of  the  taxable  to  *°ur  wards* 
inhabitants  of  the  said  wards  as  nearly  equal  as  may  be : 

Provided  nevertheless ,  That  the  said  division  shall  be  made  Proviso. 

at  least  thirty  days  before  the  times  appointed  for  holding  the 
city  elections  for  the  said  citv. 

XII.  Such  sections  of  the  city  district  aforesaid,  as  shall  Disposition 
not  have  been  admitted  into  the  said  city  agreeably  to  the  provi-  of  sections  not 
sions  of  this  act,  shall,  until  Such  admission  shall  have  been  J?®®1 lved  lnto 
declared,  be  deemed  and  taken  as  parts  of  the  district  and 

township  to  which  the  same  belong  and  are  annexed,  or  shall 
hereafter  belong  and  be  annexed. 

XIII.  So  much  of  any  law  or  laws  of  this  commonwealth,  as 

is  hereby  altered  or  supplied,  is  hereby  repealed,  and  no  more.  Repeal, 

Passed  16th  June,  1836.  See  Pamphlet  Laws  of  Penn,  session  of 
1835-36,  pages  749-54. 


An  Act  to  authorize  Isaac  C.  Worrell  and  Richard  Stout,  surviving 
trustees  for  the  Free  Will  Baptists  of  the  borough  of  Fraukford,  to 
sell  certain  real  estate,  and  to  authorize  the  church  wardens  of  the 
Protestant  Episcopal  church  ol  Morgantown,  in  the  county  of 
Berks,  to  sell  and  convey  certain  real  estate,  and  for  other  purposes. 


VL  Beit  enacted ,  8$c.  That  all  indictments  or  civil  actions 
now  depending,  or  hereafter  to  be  preferred  or  instituted  in 
any  of  the  courts  of  civil  or  criminal  jurisdiction  within  the 
city  of  Pittsburgh  or  county  of  Allegheny,  wherein  the  city 
of  Pittsburgh  may  be  interested,  directly  or  indirectly,  or 
wherein  the  validity  of  any  regulation  of  a  street  or  alley  in 
said  city,  made  either  before  or  since  its  incorporation  as  a 
city,  may  be  brought  in  question,  although  the  said  city  of 
Pittsburgh  may  not  by  its  corporate  name,  be  a  party  to 
the  record,  shall  be  tried  in  the  District  court  of  Allegheny 
county,  before  a  jury,  from  which  all  persons,  resident  or 
owning  real  property  in  said  city*  shall  be  excluded. 

VII,  In  all  such  cases,  the  certificate  of  the  Mayor’s  court 
of  the  city  of  Pittsburgh,  or  of  the  president  judge  of  the 

119 


Cases  where¬ 
in  the  city  of 
Pittsburgh  is 
interested,  to 
be  tried  in 
Dist.  Court. 


Citizens  of 
Pittsburgh  ex¬ 
cluded  as  ju¬ 
rors. 


Certificate 
of  Mayor's 
c’rt.  or  of 


778 


ACTS  OF  ASSEMBLY. 


judge  of  5th  fifth  judicial  district,  composed  of  the  said  county  of  Alle- 
judicial  dis-  gheny,  that  the  indictment  or  civil  cause  proposed  to  be  re¬ 
tried  evidence  movec|?  jSj  jn  his  opinion,  within  the  meaning  of  the  first  sec¬ 
tion  of  this  act,  shall  be  conclusive  evidence  of  the  jurisdic- 
Indictment  tion  of  the  said  District  court  in  such  case,  and  therupon,  the 
and  papers  to  indictment,  and  all  papers  connected  therewith,  if  it  be  a 
be  transmitted  crim.jnal  case,  or  the  original  writ,  declaration,  and  all  papers 
connected  therewith,  if  it  be  a  civil  case,  shall  be  transmitted 
to  said  District  court. 

Parties  may  VIII.  If  upon  the  trial  of  any  indictment  or  court  action  un¬ 
appeal  to  Su-  der  the  authority  of  this  act,  questions  of  law  shall  be  raised 
preme  court,  ^y  ehher  party,  the  decision  thereof  by  the  District  court, 
Recognizance  not  ^ut  either  party  may  appeal  from  such  deci- 

to  be  entered,  sion,  to  the  Supreme  court,  upon  entering  into  recognizance 
into  the  District  court,  for  the  payment  of  all  costs,  in  case 
the  judgment  of  the  Supreme  court  should  be  adverse  to 
Reasons  forsuc^  aPPe^ant?  an(^  ^hrig  of  record,  at  the  same  time,  a  spe- 
appeahng  to  cification  of  his  reasons  for  entering  the  appeal;  and  the  said 
be  filed.  District  court  shall  have  power  to  take  the  recognizances  of 
Powers  of  defendant  or  witnesses  in  any  indictment  which  may  be 
District  court.  removed  to  said  court,  for  the  purpose  of  securing  their  at¬ 
tendance  upon  the  trial  thereof,  and  of  passing  sentence, 
when  the  verdict  of  the  jury  shall  be  against  the  defendant. 

Passed  16th  June,  1836.  See  Pamphlet  Laics  of  Penn .  session  of 
1835-36,  pages  745-6. 


An  Act  relating  to  the  support  and  employment  of  the  poor. 

Overseers  to  &e  &  enacted ,  Sfc.  That  it  shall  be  the  duty  of  the  over- 
provide  for  seers  of  every  district,  from  time  to  time,  to  provide  as  is 
poor  persons,  hereinafter  directed,  for  every  poor  person  within  the  district, 
having  a  settlement  therein,  who  shall  apply  to  them  for  relief. 

If  the  pauper  II.  If  such  poor  person  be  able  to  work,  but  cannot  find 
be  able  to  employment,  it  shall  be  the  duty  of  the  overseers  to  provide 
work’  rg^0  °"  work  for  him,  according  to  his  ability,  and  for  this  purpose, 
provide8,  &c.  they  shall  procure  suitable  places,  and  a  sufficient  stock  of 
materials. 

Overseers  III.  It  shall  be  lawful  for  the  overseers  of  any  district,  with 
may  employ  the  concurrence  and  under  the  directions  of  the  supervisors 
able  bodied  the  township,  to  employ  such  poor  person,  being  a  male  of 
paupers,  c.  gufgcjent  ability,  in  opening  or  repairing  any  road  or  highway 
within  the  district. 

If  paupers  be  IV.  If  such  poor  person,  by  reason  of  age,  disease,  infirmi- 
unable  to  ty,  or  other  disability,  be  unable  to  work,  it  shall  be  the  duty 
work,  &c.  Qf  the  overseers  to  provide  him  with  the  necessary  means  of 
subsistence. 

Overseers  to  V.  It  shall  also  be  the  duty  of  the  overseers  of  every  dis- 
furmsh  relief  trict,  to  furnish  relief  to  every  poor  person  within  the  district 


ACTS  OF  ASSEMBLY. 


779 


not  having  a  settlement  therein,  who  shall  apply  to  them  for  to  paupers  not 
the  relief,  until  such  person  can  be  removed  to  the  place  of  having  a  set- 
his  settlement.  tlement,  &c. 

VI.  No  person  shall  be  entered  on  the  poor  book  of  any  No  person  to 

district,  or  receive  relief  from  any  overseers,  before  such  per-  be  entered  in 
son,  or  some  one  in  his  behalf,  shall  have  procured  an  order the  P°.or  book 
from  two  magistrates  of  the  county  for  the  same,  and  in  case  without'aifor- 
any  overseer  shall  enter  in  the  proper  book,  or  relieve  such  der  from  two 
poor  person  without  such  order,  he  shall  forfeit  a  sum  equal  justices  of  the 
to  the  amount  or  value  given,  unless  such  entry  or  relief  shall  Peace>  under  a 
be  approved  of  by  two  magistrates  as  aforesaid.  penalty. 

VII.  It  shall  be  lawful  for  the  overseers  of  every  district,  Overseers 
to  contract  with  any  person  for  a  house  or  lodging  for  keep-  may  contract 
ing,  maintaining  and  employing  such  poor  persons  of  the  dis-f°rtbe  support 
trict  as  shall  be  adjudged  proper  objects  of  relief,  and  there  ^enf™fPl°au 
to  keep,  maintain,  and  employ  such  poor  persons,  and  to  re-pers^ 

ceive  the  benefit  of  their  work  and  labour,  for  and  towards 
their  maintenance  and  support,  and  if  any  poor  person  shall 
refuse  to  be  kept  and  employed  in  such  house,  he  shall  not  be 
entitled  to  receive  relief  from  the  overseers  during  such  refusal. 

VIII.  It  shall  be  lawful  for  the  overseers  of  every  district,  Overseers 
with  the  approbation  and  consent  of  two  or  more  magistrates  may  put  out 
of  the  same  county,  to  put  out  as  apprentices  all  poor  chil-  Poor  children 
dren  whose  parents  are  dead,  or  by  the  said  magistrates  found  asaPPrentlces- 
to  be  unable  to  maintain  them,  so  as  that  the  time  or  term  of 

years  of  such  apprenticeship,  if  a  male,  do  expire  at  or  be¬ 
fore  the  age  of  twenty-one  years,  and  if  a  female,  at  or  before 
the  age  of  eighteen  years. 

IX.  A  settlement  may  be  gained  in  any  district: —  How  a  set- 

1 .  By  any  person  who  shall  come  to  inhabit  in  the  same,  and  tlement  may 
who  shall  for  himself  and  on  his  own  account,  execute  any  be  gamed, 
public  office,  being  legally  placed  therein,  during  one 

whole  year. 

2.  By  any  such  person  who  shall  be  charged  with  and  pay  his 
proportion  of  any  public  taxes  or  levies  for  two  years  suc¬ 
cessively. 

3.  By  any  person  who  shall  bona  fide  take  a  lease  of  any  real 
estate  of  the  yearly  value  of  ten  dollars,  and  shall  dwell 
upon  the  same,  for  one  whole  year,  and  pay  the  said  rent. 

4.  By  any  person  who  shall  become  seized  of  any  freehold 
estate  wi^m  such  district,  and  who  shall  dwell  upon  the 
same,  for  one  whole  year. 

5.  By  any  unmarried  person  not  having  a  child,  who  shall  be 
lawfully  bound  or  hired  as  a  servant  within  such  district, 
and  shall  continue  in  such  service  during  one  whole  year. 

6.  By  any  person  who  shall  be  duly  bound  an  apprentice  by 
indenture,  and  shall  inhabit  in  the  district  with  his  master 
or  mistress  for  one  whole  year. 

7.  By  an  indented  servant,  legally  and  directly  imported  from 


780 


ACTS  OF  ASSEMBLY. 


Europe  into  this  commonwealth,  who  shall  serve  for  the 
space  of  sixty  clays  in  the  district  into  which  he  shall  first 
come :  Provided ,  That  if  such  servant  shall  afterwards  duly 
serve  in  any  other  district  for  the  space  of  twelve  months, 
either  with  his  first  employer  or  his  assignee,  he  shall  ob¬ 
tain  a  legal  settlement  in  such  other  district. 

8.  By  any  mariner  coming  into  this  commonwealth,  and  by 
any  other  healthy  person  coming  directly  from  a  foreign 
country  into  the  same,  if  such  mariner  or  other  person 
shall  reside  for  the  space  of  twelve  months  in  the  district 
in  which  he  shall  first  settle  and  reside. 

Settlement  X.  Every  married  woman  shall  be  deemed,  during  cover- 
of  married  ture ,  and  after  her  husband’s  death,  to  be  settled  in  the  place 

where  he  was  last  settled;  but  if  he  shall  have  no  known 
settlement,  then  he  shall  be  deemed,  whether  he  be  living  or 
dead,  to  be  settled  in  the  place  where  she  was  last  settled 
before  her  marriage. 

Settlement  XI.  Every  illegitimate  child  shall  be  deemed  to  be  settled 
ohildrfn ima  6  m  P^ace  where  the  mother  was  legally  settled  at  the  time 
of  the  b’rth  of  such  child. 

Effect  of  a  XII.  If  the  last  place  of  settlement  of  any  person  who 
division  of  a  shall  have  become  chargeable,  shall  be  in  any  township  which 
township.  shall  have  been  divided  by  the  authority  of  the  laws,  such 
person  shall  be  supported  by  that  township  within  the  terri¬ 
tory  of  which  he  resided  at  the  time  of  gaining  such  settle¬ 
ment. 


Housekee-  XIII.  It  shall  be  the  duty  of  every  house-keeper  who  shall 
person  receiv- rece]ve  jnto  ^jg  house  any  person  who  has  not  gained  a  legal 
who^hav^^ot  sett^ement  m  some  Part  of  this  commonwealth,  (all  mariners 
gained  a  set-  coming  into  this  Commonwealth,  and  every  other  healthy 
tlement,  to  person  coming  from  a.  foreign  country  immediately  into  this 
fpve  notice,  commonwealth  only  excepted,)  within  ten  days  after  receiv¬ 
ing  such  person,  to  give  notice  thereof  in  writing,  to  the 
overseers  of  the  proper  district. 

Housekee-  XIV.  If  any  house-keeper  shall  fail  to  give  notice  as  afore- 
pers  failing  to  said,  and  if  the  person  so  received  shall  become  poor  and 
dee  liabtefor  unable  to  maintain  himself,  and  cannot  be  removed  to  the 
the  mainten-  Place  of  his  last  le&al  settlement  in  any  other  state,  if  any 
ance  of  such  such  he  hath,  such  house-keeper  shall  be  obliged  to  provide 
persons,  &c.  for  and  maintain  such  poor  person,  and  in  case  of  the  death 
of  such  poor  person,  without  leaving  wherewithal  to  defray 
the  expense  of  his  funeral,  such  house-keeper  shall  pay  the 
overseers  so  much  as  they  shall  reasonably  expend  for  such 


purpose. 

Overseers  XV.  If  such  house-keeper  shall  refuse  to  pay  the  charges 
authorized  to  aforesaid,  the  overseers  shall  assess  upon  him  the  amount 
receive  the  necessary  to  maintain  such  poor  person,  weekly,  or  such  sum 
as  shall  be  necessary  to  pay  such  funeral  charges,  and  shall 
have  power  to  collect  the  same  by  warrant  of  distress,  but  if 


ACTS  OF  ASSEMBLY. 


781 


such  delinquent  shall  have  no  goods  or  chattels  liable  to  dis¬ 
tress,  he  may  be  committed  to  jail,  there  to  remain  until  he 
shall  have  paid  the  same,  or  shall  be  otherwise  legally  dis¬ 
charged. 

XVI.  On  complaint  made  by  the  overseers  of  any  district  Overseers 
to  one  of  the  magistrates  of  the  same  county,  it  shall  be  law-  may  remove 
ful  for  the  said  magistrate,  with  any  other  magistrate  of  the  fo  become^ 
county,  where  any  person  has  or  is  likely  to  become  charge- chargeable  to 
able  to  such  district  into  which  he  shall  come,  by  their  war- the  place  of 
rant  or  order,  directed  to  such  overseers,  to  remove  such  per-  their  settle- 
son  at  the  expense  of  the  district,  to  the  city,  district,  0rment' 

place  where  he  was  last  legally  settled,  whether  in  or  out  of 
Pennsylvania,  unless  such  person  shall  give  sufficient  security 
to  indemnify  such  district  to  which  he  is  likely  to  become 
chargeable  as  aforesaid. 

XVII.  Provided ,  That  it  shall  not  be  lawful,  by  virtue  of 
any  order  of  removal,  to  separate  any  wife  from  her  husband. 

XVIII.  It  shall  be  the  duty  of  the  guardians  or  overseers  Overseers  to 
of  the  city  or  district  to  which  such  poor  person  may  be  re-  receive  every 
moved,  by  warrant  or  order  as  aforesaid,  to  receive  such  poor  removed1  and 
person,  and  if  any  such  guardian  or  overseer  shall  refuse  or  penalty  for  re¬ 
neglect  so  to  do,  he  shall  forfeit  for  every  such  offence  the  fusing, 
sum  of  twenty  dollars,  to  be  recovered  as  hereinafter  provi¬ 
ded,  and  applied  to  the  use  of  the  poor  of  the  district  from 
which  such  poor  person  may  be  removed  as  aforesaid. 

XIX.  Provided  always ,  That  any  person  aggrieved  by  Appeals' 
any  such  order  of  removal,  may  appeal  to  the  next  court  offr°m  order  of 
Quarter  Sessions,  for  the  county  from  which  such  poor  person 

may  be  removed,  and  not  elsewhere,  and  if  there  be  any  de-  sioris>  r  eS" 

feet  of  form  in  such  order,  the  said  court  shall  cause  the 

same  to  be  amended,  without  cost  to  the  party,  and  after 

such  amendment,  if  the  same  be  necessary,  shall  proceed 

to  hear  and  determine  the  cause  upon  its  truth  and  merits;  but 

no  such  cause  shall  be  proceeded  in,  unless  reasonable  notice 

shall  have  been  given  by  the  party  appellant,  to  the  overseers 

of  the  district  from  which  the  removal  shall  have  been  made, 

the  reasonableness  of  which  notice  shall  be  determined  by 

the  said  court,  at  the  session  to  which  the  appeal  may  be 

made,  and  if  it  shall  appear  to  them  that  reasonable  notice  was 

not  given,  they  shall  adjourn  the  appeal  to  their  next  session, 

and  then  determine  the  same. 

XX.  For  the  more  effectual  preventing  of  vexatious  remo-  Courts  may 
vals  and  frivolous  appeals,  the  court  of  Quarter  Sessions,  up-  order  costs, 
on  every  appeal  in  a  case  of  settlement,  or  upon  proof  being  &c.  on  ap- 
made  before  them  of  notice  thereof,  as  aforesaid,  (though  the  PeaIs* 
appeal  be  not  afterwards  prosecuted,)  shall  at  the  same  ses¬ 
sion,  order  to  the  party  in  whose  behalf  such  appeal  shall  be 
determined,  or  to  whom  such  notice  did  appear  to  have  been 

given,  such  costs  and  charges  as  the  said  court  shall  consider 


782 


ACTS  OF  ASSEMLBY. 


reasonable  and  just,  to  be  paid  by  the  overseers  or  other 
person  against  whom  such  appeal  shall  be  determined,  or  by 
the  person  that  gave  such  notice;  and  if  the  court  shall  de¬ 
termine  in  favor  of  the  appellant,  that  such  poor  person  was 
unduly  removed,  they  shall  at  the  same  session,  on  demand, 
award  to  such  appellant  so  much  money  as  shall  appear  to 
them  to  have  been  reasonably  paid,  by  the  city  or  district 
appellant,  towards  the  relief  of  such  poor  person,  between 
the  time  of  such  undue  removal  and  the  determination  of 
such  appeal,  with  costs,  as  aforesaid. 

How  costs  XXI.  If  any  person,  ordered  to  pay  costs  of  charges  as 
to  be  collected  aforesaid,  other  than  overseers  as  aforesaid,  shall  live  out 
&c.  in  case  of  f  tpe  jurisdiction  of  such  court,  it  shall  be  the  duty  of  any 
magistrate  oi  the  county  in  which  such  person  shall  reside, 
on  request  to  him  made,  and  on  the  production  of  a  copy  of 
such  order,  certified  under  the  seal  of  such  court,  to  issue 
his  warrant  to  levy  the  same  by  distress,  and  if  no  sufficient 
distress  can  be  had,  to  commit  such  party  to  the  common 
jail,  there  to  remain  without  bail  or  mainprise,  until  such 
costs  or  money  be  paid,  or  until  he  be  otherwise  legally  dis¬ 
charged. 

Proceedings  XXII.  If  any  overseer  be  ordered  to  pay  costs  or  charges 
to  recover  as  aforesaid,  and  the  township  liable  therefor  be  out  of  the 

of  Overseers  jur^S(^^c^on  °f  suc^  court?  it  shall  he  the  duty  of  the  court  of 
o  overseers.  Quarter  6eS3jons  0f  the  county  in  which  such  township  is 

situate,  on  request  to  them  made,  and  on  the  production  of 
a  copy  of  such  order,  certified  under  the  seal  of  the  court 
making  the  same,  to  compel  payment  of  such  costs  and  char¬ 
ges,  according  to  law. 

If  any  poor  XXIII.  If  any  person  shall  come  out  of  any  city  or  dis¬ 
perse)  n  shall  trict  in  this  commonwealth  into  any  other  district,  and  shall 
happen  to  fall  sick  or  die  before  he  have  gained  a  settlement 
therein,  so  that  he  cannot  be  removed,  the  overseers  of  such 
district  shall,  as  soon  as  conveniently  may  be,  give  notice  to 
the  guardians  or  overseers  of  the  city  or  district  where  such 
ered  from  The  Persons  had  last  gained  a  settlement,  or  to  one  of  them,  of 
overseers  of  name?  circumstances  and  condition  of  such  poor  person, 
the  place  and  if  the  guardians  or  overseers  to  whom  such  notice  shali 
where  he  was  be  given,  shall  neglect  or  refuse  to  pay  the  monies  expended 
last  settled.  for  the  use  0f  SQCh  p00r  person,  and  to  take  order  for  reliev¬ 
ing  and  maintaining  him,  or  in  case  of  his  death  before  such 
notice  could  be  given,  shall  on  request  made,  neglect  or  re¬ 
fuse  to  pay  the  monies  expended  in  maintaining  and  burying 
such  poor  person,  in  every  such  case  it  shall  be  the  duty  of 
the  court  of  Quarter  Sessions  of  the  county  where  such  poor 
person  was  last  settled,  upon  complaint  to  them  made,  to 
compel  payment  by  such  guardians  or  overseers,  of  all  such 
sums  of  money  as  were  necessarily  expended  for  such  pur¬ 
pose,  in  the  manner  directed  by  law,  in  the  case  of  a  judg¬ 
ment  obtained  against  overseers. 


fall  sick,  not 
having  a  set¬ 
tlement,  and 
be  relieved, 
the  expense 


ACTS  OF  ASSEMBLY. 


783 


XXIV.  If  any  magistrate  shall  refuse  to  grant  a  warrant  Appeal  to 
or  order  of  removal  as  aforesaid,  it  shall  be  lawful  for  the  the  Sessions, 
overseers  aggrieved  by  such  refusal,  to  appeal  to  the  next  mVSeto* 
court  of  Quarter  Sessions  of  the  county  in  which  such  mag-  grant  an  order 
istrate  resides,  who  shall  thereupon  hear  and  finally  determine  of  removal, 
the  same. 


XXV.  If  any  person  shall  bring,  or  cause  to  be  brought,  Penalty  on 
any  poor  person  from  any  place  without  this  commonwealth  an7  Person 
to  any  place  within  it,  where  such  person  was  not  last  legally  pauper  from 
settled,  and  there  leave,  or  attempt  to  leave,  such  person,  he  any  place  out 
shall  forfeit  and  pay  the  sum  of  seventy-five  dollars  for  every  of  this  com- 
such  poor  person,  to  be  sued  for  and  recovered  by  the  over-  ra°nwealth. 
seers  of  the  district,  into  which  such  poor  person  may  have 
been  brought.,  and  moreover,  shall  be  obliged  to  convey  such 
poor  person  out  of  the  commonwealth,  or  support  him  at  his 


own  expense. 

XXVI.  If  any  person  shall  bring,  or  cause  1o  be  brought  Every  per- 
into  this  commonwealth,  any  black  or  coloured  indented  ser-  son  bringing 
vant,  such  person,  his  or  her  heirs,  executors,  administrators  anY  black  or 
and  assigns,  shall  respectively  be  liable  to  the  guardians  or  ^nt  into^he 
overseers  of  the  city  or  district  to  which  such  black  or  coloured  state,  to  be 
person  shall  become  chargeable,  for  such  necessary  expenses  liable  for  his 
as  such  guardians  or  overseers  may  be  put  to  for  his  or  hersuPPort>  &c* 
maintenance,  support  and  interment,  together  with  the  costs 
thereon. 


XXVII.  Every  person  in  whom  the  ownership  or  right  to  Owners  of 
the  service  of  any  negro  or  mulatto  slave  shall  be  vested,  negro  slaves  to 
shall  be  liable  to  the  overseers  of  the  district  in  which  [such]  ^ 

negro  or  mulatto  shall  become  chargeable,  for  all  expenses  £.cir  suPPor  9 
which  such  overseers  may  be  put  to  for  the  maintenance, 
support  and  interment  of  such  negro  or  mulatto,  with  the 
costs  thereon. 

XXVIII.  The  father  and  grandfather,  and  the  mother  and  Parents,  chil- 
grandmother,  and  the  children  and  grandchildren,  of  every  n c^cl^il dre n 

poor  person  not  able  to  work,  shall,  at  their  own  charge,  be-  ^abJe  for  the” 
ing  of  sufficient  ability,  relieve  and  maintain  such  poor  per-  support  of 
son,  at  such  rate  as  the  court  of  Quarter  Sessions  of  the  pauper  rela- 
county  where  such  poor  person  resides  shall  order  and  direct, tlons- 
on  pain  of  forfeiting  a  sum  not  exceeding  twenty  dollars  for 
every  month  they  shall  fail  therein,  which  shall  be  levied  by 
the  process  of  the  said  court,  and  applied  to  the  relief  and 
maintenance  of  such  poor  person. 

XXIX.  If  any  man  shall  separate  himself  from  his  wife,  In  case  of 
without  reasonable  cause,  or  shall  desert  his  children,  or  if  desertion  by 
any  woman  shall  desert  her  children,  leaving  them  a  charge  ^fea^^ant 
upon  the  district,  in  any  such  case  it  shall  be  lawful  for  any  to  jssued  ^ 
two  magistrates  of  the  county,  upon  complaint  made  by  the  magistrates, 
overseers  of  the  district,  to  issue  their  warrant  to  such  over¬ 
seers,  therein  authorizing  them  to  take  and  seize  so  much  of 


784 


ACTS  OF  ASSEMBLY. 


On  the  re¬ 
turn  of  the 
warrant,  secu 
rity  to  be  ta¬ 
ken. 


Powers  of 
the  Quarter 
Sessions  in 
such  cases. 


Certain  de¬ 
scribed  per¬ 
sons  declared 
liable  to  the 
penalties  im¬ 
posed  upon 
vagrants. 


the  goods  and  chattels*  and  receive  so  much  of  the  rents  and 
profits,  of  the  real  estate  of  such  man  or  woman,  as  in  the 
judgment  of  the  said  magistrates  shall  be  sufficient  to  provide 
for  such  wife,  and  to  maintain  and  bring  up  such  children, 
which  sum  or  amount  shall  be  specified  in  such  warrant;  but 
if  sufficient  real  or  personal  estate  cannot  be  found,  then  to 
take  the  body  of  such  man,  (or  woman,)  and  bring  him  (or 
her)  before  such  magistrates,  at  a  time  to  be  specified  in  such 
warrant. 

XXX.  It  shall  be  lawful  for  such  magistrate,  on  the  return 
of  such  warrant,  to  require  security  from  such  man  or  woman, 
for  his  or  her  appearance  at  the  next  court  of  Quarter  Ses¬ 
sions  of  the  county,  there  to  abide  the  order  of  the  court, 
and  for  want  of  such  security,  to  commit  such  person  to  the 
jail  of  the  county* 

XXXI.  The  warrant  aforesaid  shall  be  returned  to  the 
next  court  of  Quarter  Sessions  of  ihe  county,  when  it  shall  be 
lawful  for  the  said  court  to  make  an  order  for  the  payment  of 
such  sums  as  they  shall  think  reasonable  for  the  purpose  afore¬ 
said,  and  therein  authorizing  the  overseers  to  dispose  of  the 
goods  and  chattels  aforesaid,  by  sale  or  otherwise,  and  to  collect 
and  receive  the  rents  and  profits  aforesaid,  or  so  much  of  either 
as  in  the  judgment  of  the  court  shall  be  sufficient  for  the 
purpose  aforesaid,  but  if  there  be  no  real  or  personal  estate, 
it  shall  be  lawful  for  the  court  to  commit  such  person  to  the 
jail  of  the  county,  there  to  remain  until  he  or  she  comply 
with  such  order,  give  security  for  the  performance  thereof,  or 
be  discharged  by  due  course  of  law. 

XXXI l .  The  following  described  persons  shall  be  liable  to 
the  penalties  imposed  by  law  upon  vagrants: — 

1.  All  persons  who  shall  unlawfully  return  into  any  district, 
whence  they  have  been  legally  removed,  without  bringing 
a  certificate  from  the  city  or  district  to  which  they  belong. 

2.  All  persons  who,  not  having  wherewith  to  maintain  them¬ 
selves  and  their  families,  live  idly  and  without  employment, 
and  refuse  to  work  for  the  usual  and  common  wages  given 
to  other  laborers  in  the  like  work,  in  the  place  where  they 
then  are. 

3.  All  persons  who  shall  refuse  to  perform  the  work  which 
shall  be  allotted  to  them  by  the  overseers  of  the  poor  as 
aforesaid. 

4.  All  persons  going  about  from  door  to  door,  or  placing 
themselves  in  streets,  highways,  or  other  roads,  to  beg  or 
gather  alms,  and  all  other  persons  wandering  abroad  and 
begging. 

5.  All  persons  who  shall  come  from  any  place  without  this 
commonwealth  to  any  place  within  it,  and  shall  be  found 
loitering  or  residing  therein,  and  shall  follow  no  labour, 
trade,  occupation  or  business,  and  have  no  visible  means 


ACTS  OF  ASSEMBLY, 


785 


of  subsistence,  and  can  give  no  reasonable  account  of  them¬ 
selves,  or  their  business  in  such  place. 

XXXfll.  It  shall  be  lawful  for  the  directors  of  the  poor  of  Overseers 
any  county,  and  for  the  overseers  of  any  district,  as  the  case  ^c|^rectors 
may  be,  in  which  any  person  shall  have  become  chargeable,  recover  pro-t0 
to  sue  for  and  recover  any  real  or  personal  estate  belonging  perty  of  a 
to  such  person,  and  to  sell  or  otherwise  dispose  of  the  per-  pauper,  and 
sonal  property,  and  to  collect  and  receive  the  rents  and  profits  ho'Y.lt  13  to  be 
of  the  real  ©state,  and  to  apply  the  proceeds,  or  so  much ie  * 
thereof  as  may  be  necessary  to  defray  the  expenses  incurred 
in  the  support  and  funeral  of  such  person,  and  if  any  balance 
shall  remain,  the  same  shall  be  paid  over  to  the  legal  repre¬ 
sentatives  of  such  person  after  his  death,  upon  demand  made 
and  security  being  given  to  indemnify  such  directors  or  over¬ 
seers  from  the  claims  of  all  other  persons. 

XXXIV.  It  shall  be  the  duty  of  the  directors  of  the  poor  Directors  of 
of  the  several  counties  in  which  poor  houses  are  or  may  be  the  P00r  to 
erected,  once  in  every  year,  after  the  accounts  shall  have  reiJ^.e|  and 
been  audited  and  settled,  to  make  out  a  full  and  correct  state-  statements11^1 
rrtent  of  their  receipts  and  expenditures  for  the  preceding  their  accounts, 
year,  together  with  a  statement  of  the  number  of  poor  per-  &c. 
sons  supported,  specifying  their  sex,  age,  or  infirmity,  if 
any,  and  of  the  profits  arising  from  all  farms  under  their  di¬ 
rections;  and  it  shall  be  the  duty  of  such  directors  annually 
in  the  month  of  March,  to  publish  such  accounts  and  state¬ 
ment,  at  least  twice,  in  two  or  more  newspapers  printed  in 
such  county,  the  expense  of  which  shall  be  paid  out  of  the 
county  treasury,  and  forthwith  transmit  a  copy  of  such  ac¬ 
counts  and  statement  to  the  Governor,  to  be  by  him  trans¬ 
mitted  to  the  legislature:  Provided ,  That  the  accounts  of 
the  guardians  for  the  relief  and  employment  of  the  poor  of 
the  city  of  Philadelphia,  the  district  of  Southwark,  and  the 
townships  of  the  Northern  Liberties  and  Penn,  shall  be  audited 
at  the  alms  house  of  said  corporation,  in  the  township  of 
Blockley,  in  Philadelphia  county. 

XXXV.  It  shall  be  the  duty  of  every  justice,  who  shall  just[ces  of 
by  virtue  of  any  law  of  this  commonwealth  receive  any  fine,  the  peace  to 
penalty,  or  forfeiture  appropriated  by  law  for  the  use  of  the  make  a  record 
poor,  forthwith  to  enter  at  length  on  his  docket,  the  name  of°f  every  fine, 
the  person  convicted,  the  offence  committed,  the  amount  of^J  deliver^’ 
such  fine,  penalty  or  forfeiture,  and  the  time  when  the  same  transcript  to 
was  paid,  and  forthwith  to  deliver  a  correct  transcript  of  such  constables  &c. 
entry  to  a  constable  of  the  township,  and  such  justice  shall, 
on  demand,  pay  over  the  same  to  the  overseers  of  the  poor 
lawfully  entitled  thereto,  and  shall  annually,  if  required,  ex¬ 
hibit  his  docket  to  the  inspection  of  the  township  auditors. 

XXXVI.  If  any  justice  shall  wilfully  neglect  or  refuse  to  Penalty  for 
perform  the  duties  enjoined  on  him,  as  aforesaid,  touching  the  duty 


786 


ACTS  OF  ASSEMBLY. 


or  pay  mo 
neys,  &c. 


any  fine,  penalty  or  forfeiture  appropriated  to  the  use  of  the 
poor,  he  shall,  on  conviction  thereof,  in  the  court  of  Quarter 
Sessions  of  the  proper  county,  be  deemed  guilty  of  a  misde¬ 
meanor  in  office,  and  fined,  for  the  use  of  the  poor  of  the 
township  in  which  he  shall  reside,  any  sum  not  exceeding 
twenty  dollars,  and  if  he  shall  be  convicted  of  neglecting  or 
refusing  to  pay  over  on  demand,  to  the  proper  overseers,  any 
money  which  he  shall  have  received  as  aforesaid,  he  shall  be 
fined  over  and  above  the  last  mentioned  sum,  any  sum  not 
exceeding  double  the  amount  which  he  shall  have  received  as 
aforesaid,  which  sums  shall  be  recovered  by  process  of  said 
court. 

Overseers  to  XXXVII.  It  shall  be  the  duty  of  the  overseers  of  every 
demand  fines  district,  to  demand  from  every  justice  the  amount  of  any  fine, 
penalty,  or  forfeiture  that  may  have  been  received  by  him  for 
the  use  of  the  poor,  and  if  the  same  be  not  paid  to  them  within 
twenty  days,  to  proceed  to  recover  the  same  by  suit  against 
such  justice,  in  the  manner  that  debts  of  the  like  amount  are 
or  may  be  by  law  recoverable. 

XXXVIII.  It  shall  be  the  duty  of  the  clerk  of  every  court 
by  whom  any  fine  shall  be  imposed,  which  by  law  is  to  be  ap¬ 
propriated,  in  whole  or  in  part,  to  the  use  of  the  poor,  forth¬ 
with  to  deliver  a  written  notice  of  the  same  to  a  constable, 
living  in  or  near  the  township  in  which  the  person  fined  re¬ 
sides,  for  which  service  such  clerk  shall  receive  the  sum  of 
twenty-five  cents  from  the  proper  overseers,  and  no  more. 

XXXIX.  It  shall  be  the  duty  of  the  constable  to  whom 
any  transcript  or  certificate  shall  be  delivered  by  a  justice  of 
transcript  &c.  peace  or  clerk  of  the  court  as  aforesaid,  under  a  penalty 


of  justices. 


Clerks  of 
courts  by 
whom  fines 
are  imposed, 
to  deliver  no¬ 
tice  of  the 
same  to  con¬ 
stables. 

Constables 
to  deliver 


to  overseers, 
and  penalty 
for  failing  to 
do  so. 


of  ten  dollars,  to  be  recovered  before  any  other  justice  of  the 
proper  county,  to  deliver  such  transcript  or  certificate  to  one 
of  the  overseers  of  the  district  to  which  such  fine,  penalty  or 
forfeiture  belongs,  and  for  such  service,  such  constable  shall 
be  entitled  to  receive  from  such  overseers  the  sum  of  twenty- 
five  cents,  and  no  more. 

XL.  It  shall  be  the  duty  of  every  sheriff  who  shall  have 
received  any  fine,  penalty  or  forfeiture  which  by  law  may  be 
appropriated  to  the  use  of  the  poor,  to  pay  the  same  on  de¬ 
mand,  to  the  proper  overseers,  and  if  he  shall  fail  to  do  so, 
within  ten  days  after  demand,  he  shall,  on  conviction  thereof, 
overseers;  and  in  the  court  of  Quarter  Sessions  of  the  proper  county,  be 
penalty  for  fined  and  pay  to  the  use  of  the  poor  of  the  proper  district,  any 
tailingtodoso.  gum  not  exceeding  double  the  amount  received  by  him,  to  be 
recovered  by  the  process  of  the  said  court. 

If  there  be  XLI.  In  all  cases  where  there  are  no  poor  persons  supported 
no  poor  in  a  at  the  expense  of  a  district,  or  where  there  shall  remain  in  the 
district,  or  hands  of  the  overseers,  at  the  end  of  the  year,  an  unexpended 
ed  balance)  balance,  arising  from  fines,  penalties  or  forfeitures  received 
overseers  to  for  the  use  of  the  poor,  it  shall  be  the  duty  of  the  overseers 


Sheriff  re¬ 
ceiving  fines, 
&c.  for  the 
use  of  the 
poor,  to  pay 
over  to  the 


ACTS  OF  ASSEMBLY. 


787 


to  pay  all  such  fines,  penalties  and  forfeitures,  as  may  have  pay  to  super- 
been  received  by  them,  and  such  unexpended  balance  to  visors,  except, 
the  supervisors  of  the  highways,  to  be  applied  to  the  repair  &c* 
of  the  public  roads  in  such  district,  unless  the  township  au¬ 
ditors  shall  judge  it  necessary  that  the  whole  or  part  thereof 
should  be  retained  as  a  fund  for  the  use  of  the  poor. 

XLII.  If  any  overseer  shall  neglect  or  refuse  to  perform  Penalty  on 
any  duty  enjoined  upon  him  by  law,  and  not  otherwise  provided  overseers  fail- 
for,  he  shall  be  liable  to  an  indictment  for  a  misdemeanor,  JjJ| .to  perform 
and  shall  be  punished  by  a  fine  not  exceeding  one  hundred  1  ieir  u  ies* 
dollars,  at  the  discretion  of  the  court,  to  be  recovered  by  the 
process  thereof. 

XLIII.  The  several  fines,  forfeitures  and  penalties  and  How  penal " 
other  sums  of  money  imposed  or  directed  to  be  paid  by  this ties  are  to  be 
act,  and  not  herein  directed  to  be  otherwise  recovered,  shall  rec°vered. 
be  levied  and  recovered  by  distress  and  sale  of  the  goods  and 
chattels  of  the  delinquent  or  offender,  by  warrant,  under  the 
hand  and  seal  of  any  one  magistrate  of  the  city  or  county 
where  such  delinquent  or  offender  dwells,  or  where  such 
goods  and  chattels  may  be  found,  and  after  satisfaction  made 
of  such  fines,  forfeitures  and  penalties,  and  sums  of  money, 
together  with  the  legal  charges?  on  the  recovery  thereof,  the 
overplus,  if  any,  shall  be  returned  to  the  owner  of  such  goods 
and  chattels,  his  executors  or  administrators. 

XLIY.  If  any  person  shall  be  aggrieved  by  the  judgment  Appeal  to 
of  any  one  or  more  magistrates  in  pursuance  of  this  act,  he  the  Court  of 
may  appeal  to  the  next  court  of  Quarter  Sessions  for  the  Quarter  Ses- 
county  in  which  such  magistrates  reside,  (except  in  cases  sions>  &c* 
herein  before  specially  provided  for,)  whose  decision  in  all 
such  cases  shall  be  final  and  conclusive. 

XLV.  The  word  “district,”  in  this  act,  shall  be  construed  Definition  of 
and  taken  to  mean  “township”  and  “borough,”  and  every  the  word 
other  territorial  or  municipal  division,  in  and  for  which  officers  “district,”  and 
charged  with  the  relief  and  support  of  the  poor  are  directed  saving  as  to  all 
or  authorized  by  law  to  be  chosen,  but  nothing  in  this  act J^alprovisfons 
contained  shall  be  taken  to  repeal  or  otherwise  interfere  with  s 

any  special  provision  made  by  law  for  any  city,  county,  town¬ 
ship,  borough,  or  other  territorial  or  municipal  divisions. 

XL VI.  It  is  hereby  declared  to  be  the  meaning  of  the  third  Directors  of 
section  of  the  act  entitled  “An  act  to  provide  for  the  erec-  t°0fn 

tion  of  a  house  for  the  employment  and  support  of  the  poor  County"ohave 
in  the  county  of  Washington,”  approved  the  sixth  day  of  power,  on 
April,  Anno  Domini,  one  thousand  eight  hundred  and  thirty,  certain  condi- 
that  the  directors  of  said  institution  have  power  to  bind  out  bmd 

as  apprentices  such  poor  children  as  may  come  under  their  c  11  ren  ou  ’ 
notice,  according  to  the  directions  of  said  act,  without  the 
approbation  and  consent  of  two  or  more  magistrates. 


788 


ACTS  OF  ASSEMBLY, 


Repealing 

clause. 


XLVII.  That  all  laws  hereby  altered  or  supplied,  so  far  asf 
are  inconsistent  with  this  act,  are  hereby  repealed.76 
Passed  13th  of  June,  1836.  See  Pamphlet  Laws  of  Penn .  session  of 
1835-36,  page  539-51. 


An  Act  for  the  prevention  of  injuries  to  individuals  by  the  gross 
negligence,  or  wilful  misconduct  of  stage  drivers  and  others. 

I.  Be  it  enacted ,  S$c.  That  from  and  after  the  first  day  of 
Remedy  for  July  next,  if  any  person  within  this  commonwealth  shall  be- 
persons apne-  come  injured,  either  in  person  or  property,  through  or  by  rea- 
duct  ofdrivers  son  °f  gross  negligence  or  wilful  misconduct  of  the  driver 
of  stages,  &c.  of  any  public  stage,  mail  coach,  coachee,  carriage  or  car  em¬ 
ployed  in  the  conveyance  of  passengers,  or  through  or  by 
reason  of  the  gross  negligence  or  wilful  misconduct  of  any 
engineer,  or  conductor  of  any  locomotive  engine,  engaged 
in  the  transportation  of  passengers,  or  of  goods,  wares,  mer¬ 
chandise  or  produce  of  any  description,  such  driver,  engi¬ 
neer  or  conductor,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof,  shall  for  every  such  offence,  be 
Penally.  punished  by  a  fine,  not  exceeding  fifty  dollars,  and  imprison¬ 
ment  in  the  jail  of  the  county  wherein  such  offence  shall 
have  been  committed,  for  any  length  of  time  not  exceeding 
six  months,  at  the  discretion  of  the  court:  Provided,  That 
Proviso.  the  provisions  of  this  act  shall  not  interfere  with  the  civil 
remedies  against  the  proprietors  or  others,  to  which  the  party 
injured  may  by  law  be  now  entitled.77 

Passed  1st  of  April,  1836.  See  Pamphlet  Laws  of  Penn,  session  of 
1835-36,  page  427. 

7  6  For  the  general  laws  for  the  relief  and  support  of  the  poor,  previous  to  the 
passage  of  the  act  in  the  text,  see  ante,  p.  60-65,  and  the  notes  attached  thereto; 
and  the  appendix,  No.  14,  ante,  p.  311-330.  All  the  provisions  of  those  several  acts, 
so  far  as  relates  to  “  the  support  and  employment  of  the  poor,”  are  herein  supplied — 
leaving  their  provisions,  with  regard  to  the  appointment  or  election  of  overseers  of 
the  poor,  their  qualifications,  responsibilities,  &c.  in  full  force. 

7  7  This  act  may  be  considered  as  supplementary  to  the  act  of  the  6th  of  March, 
1820,  “  relative  to  the  owners  and  drivers  of  public  stages,  and  other  carriages  for 
the  conveyance  of  passengers,  and  for  other  purposes;”  see  ante,  p.  45-6.  That  act 
gives  a  remedy  to  the  party  aggrieved,  to  recover  the  penalties  prescribed  before 
any  alderman  or  justice  of  the  peace,  in  the  same  manner  as  debts  not  above  one 
hundred  dollars  are  recovered — one  half  of  the  penalties  recovered  to  be  paid  into 
the  county  treasury,  &c.  The  act  in  the  text  goes  further,  and  renders  offenders 
liable  to  indictment,  and  to  a  limited  punishment  by  fine  and  imprisonment,  at  the 
discretion  of  the  court.  For  the  ordinance  regulating  persons  riding,  and  of  the  dri¬ 
vers  of  drays,  carts,  carriages  and  horses,  in  and  through  the  city,  see  ante,  p.  95-98. 


ACTS  OF  ASSEMBLY. 


789 


Resolution  relative  to  the  collection  of  the  State  Tax. 

Whereas,  although  the  law  levying  taxes  on  real  and  per¬ 
sonal  property  for  the  use  of  the  state,  will  expire  on  the  preambie. 
twenty-fifth  day  of  March  next,  yet  it  appears  by  the  report  of 
the  state  treasurer,  made  to  the  legislature  at  the  present 
session,  that  those  taxes  are  estimated  in  the  receipts  of  the 
current  year,  at  two  hundred  and  eight  thousand,  nine  hun¬ 
dred  and  sixty-three  dollars  and  three  cents,  and  that  the 
same  would  have  been  collected  from  the  people,  notwith¬ 
standing  the  expiration  of  said  law,  but  by  the  passage  of 
the  late  act  entitled  “  An  act  to  repeal  the  state  tax  on  real 
and  personal  property,  and  to  continue  the  improvements  of 
the  state  by  canals  and  railroads,  and  to  charter  a  state  bank, 
to  be  called  the  United  States  Bank,”  the  treasury  will  be 
supplied  in  lieu  thereof,  and  it  is  thereby  rendered  unnecessary 
to  demand  the  payment  of  the  same  from  the  citizens  of  this 
commonwealth ;  Therefore, 

Resolved ,  Sfc.  That  the  secretary  of  the  commonwealth  Secretary  of 
be  directed  to  give  notice  to  the  commissioners  of  the  several  Common’lth 
counties  of  this  state,  that  they  are  not  required  to  collect  the  Slve  notice 
state  tax  for  the  year  A.  D.  eighteen  hundred  and  thirty-six,  js  nofto^be* 
which  has  been,  or  may  be  assessed  for  state  purposes,  since  collected. 
October  last,  under  the  act  entitled  u  An  act  assessing  a  tax 
on  personal  property,  to  be  collected  with  the  county  rates 
and  levies,  for  the  use  of  the  commonwealth,”  and  “  An  act 
to  increase  the  county  rates  and  levies,  for  the  use  of  the 
commonwealth,”  passed  the  twenty-fifth  day  of  March,  A.  D. 
eighteen  hundred  and  thirty-one,  and  if  collected,  the  same 
should  be  refunded,  and  that  he  cause  said  notice  to  be  pub¬ 
lished  in  at  least  two  newspapers  in  each  county,  where  two 
such  papers  are  published,  and  where  but  one  paper  is 
published,  then  in  such  paper,  for  three  weeks  in  succession, 
the  costs  of  publication  to  be  paid  from  the  county  treasury 
respectively,  but  if  no  paper  be  published  in  any  county,  then  Notice  to  be 
in  such  manner  as  shall  best  promote  the  object  of  this  reso-  &lven  in  the 

lution.7  8  newspapers. 

Passed  10th  of  March,  1836.  See  Pamphlet  Laws  of  Penn,  session  of 
1835-36,  page  832. 

7  8  For  a  general  statement  respecting  appropriations,  taxes,  &c.  see  in  appendix, 
“  Common  Schools  and  a  General  System  of  Education,”  heretofore  referred  to, 
ante,  p.  684.  For  the  act  “  to  consolidate  and  amend  the  several  acts  relative  to  a 
general  system  of  education  by  common  schools,”  see  ante,  p.  726-35,  and  Pamph. 
Laws  of  Penn,  session  of  1835-6,  p.  525-34. 


790 


ACT  OF  CONGRESS. 


Resolution  requiring  the  President,  Faculty  and  Trustees  of  Colleges, 
and  Trustees  or  Managers  of  Academies  or  Schools,  (other  than 
Common  Schools,)  to  make  certain  reports  to  the  Superintendent 
of  Common  Schools. 

I.  Resolved ,  Sfc.  That  on  or  before  the  first  day  of  Novem¬ 
ber,  annually,  it  shall  be  the  duty  of  the  president,  faculty  and 
trustees  of  each  university  or  college,  and  the  preceptor, 
trustees  or  managers  of  each  academy  or  school,  other  than 
common  schools,  having  received  aid  from  this  common¬ 
wealth,  to  report  the  number  of  students  in  each  class,  and 
the  total  number  of  graduates,  if  any,  course  of  studies 
pursued,  financial  resources  and  expenses,  the  future  pros¬ 
pects  of  their  several  institutions,  accompanied  with  such 
remarks  as  may  illustrate  their  general  condition,  to  the  su¬ 
perintendent  of  common  schools,  so  much  of  which  it  shall 
be  his  duty  to  lay  before  the  legislature,  in  his  annual  report, 
as  he  may  deem  proper. 

Passed  1st  of  April,  1836.  See  Pamphlet  Laws  of  Penn,  session  of 
1835-6,  page  842. 


A  Supplement  to  the  “Act  to  enable  the  Governor  to  appoint  Nota¬ 
ries  Public,  and  for  other  purposes.” 

The  Gov  au-  That  tbe  Governor  be,  and  he  is  hereby  authorized  to 
thorized  to  ap-  appoint  four  additional  notaries  public  in  the  county  of  Alle- 
point  four  ad-  gheny,  one  of  whom  shall  reside  in  the  borough  of  Allegheny, 
ditional  nota-  an(]  one  jn  the  borough  of  the  Northern  Liberties,  who  shall 
AUS  Wlc  for  hold  their  offices  only  during  the  continuance  of  their  resi- 
eg  ieny  co.  jence  *n  ^  sa^  boroUgi]S  respectively,  under  the  restrictions 
Where  to  re- and  provisions  contained  in  the  act  to  which  this  is  a  supple- 
side.  ment,  excepting,  only,  so  much  of  the  first  proviso  in  the  se¬ 

cond  section  of  said  act,  which  limits  the  number  of  notaries 

r  .  .  public  in  the  county  of  Allegheny,  which  part  of  said  proviso, 
rflrtoi  original  -■  *11  1  i 

act  repealed.  and  no  more>  1S  hereby  repealed. 

Passed  14th  January,  1834.  See  Pamphlet  Laws  of  Penn,  session  of 
1833-34,  pages  6  and  7. 


ACT  OF  CONGRESS. 

A  Resolution  providing  for  the  distribution  of  weights  and  measures. 

Resolved ,  &$c.  That  the  secretary  of  the  treasury  [of  the 
United  States,]  be,  and  he  is  hereby  directed  to  cause  a  com¬ 
plete  set  of  all  the  weights  and  measures  adopted  as  standards, 
and  now  either  made  or  in  the  progress  of  manufacture  for 
the  use  of  the  several  custom  houses,  and  for  other  purposes, 


Trustees  of 
colleges,  &c. 
to  make  re¬ 
port,  &c. 


Duty  of  su¬ 
perintendent 
of  common 
schools. 


ACT  OF  CONGRESS. 


791 


to  be  delivered  to  the  governor  of  each  state  in  the  Union,  or 
such  person  as  he  may  appoint,  for  the  use  of  the  states  res¬ 
pectively,  to  the  end  that  an  uniform  standard  of  weights  and 
measures  may  be  established  throughout  the  states.7  9 
Approved  14th  June,  1836.  See  Pamphlet  Laws  of  the  V .  S.  1st  ses¬ 
sion  of  the  24th  Congress,  page  255. 


7  9  See  the  act  “to  fix  the  standards  and  denomination  of  measures  and  weights 
in  this  commonwealth,”  passed  15th  of  April,  1834,  ante,  p.  719-22.  Previous  to 
the  passage  of  this  act,  the  only  regulations  in  general  force,  on  the  important  sub¬ 
ject  of  weights  and  measures ,  were  the  acts  of  1700,  and  of  the  29th  of  March,  1813. 
See  ante ,  p,  50-52,  and  note  appended  thereto.  By  the  provisions  of  the  act  of  the 
15th  of  April,  1834,  it  is  made  the  duty  of  the  governor  to  procure,  within  three 
years  thereafter,  for  the  use  of  the  commonwealth  a  cast  brass  standard  gallon  and 
bushel,  and  an  authenticated  copy  of  the  Troy  pound  of  the  mint  of  the  U.  States, 
and  also  of  other  measures  of  length  and  capacity,  to  be  deposited  in  the  office  of 
the  secretary  of  the  commonwealth  for  preservation.  The  9th  sect,  of  the  act  pro¬ 
vides  for  the  delivery,  within  three  years,  to  the  commissioners  of  the  several  coun¬ 
ties,  of  positive  standards  of  measures  of  length,  capacity  and  weight,  to  be  duly 
stamped,  &c.  to  be  used  as  standards  for  the  adjusting  of  weights  and  measures,  and 
for  no  other  purpose.  These  standard  weights  and  measures  are  to  be  furnished  by 
the  governor  to  the  commissioners  of  each  county,  at  the  charge  of  the  counties  res¬ 
pectively.  By  the  resolution  of  the  14th  April,  1835,  ante,  p.  723,  the  expense  of 
procuring  the  original  standards  of  weights  and  measures,  is  to  be  paid  out  of  the 
state  treasury,  so  that  there  exists  no  longer  any  excuse  why  correct  standards  of 
weight  and  measure  may  not  be  in  general  use  by  May,  1837.  The  truth  is,  that  all 
pretended  standards  of  weight  and  measure,  heretofore  and  still  in  common  use,  are 
of  a  most  arbitrary  character,  and  differ  in  almost  every  case  of  trial — a  mischief 
loudly  calling  for  a  remedy,  particularly  when  it  is  considered  that  forfeitures,  fines 
and  penalties  are  daily  imposed  and  submitted  to  under  such  variant  regulations — 
evidencing  fraud  on  one  hand  and  gross  injustice  on  the  other.  To  the  statutory 
regulations  of  the  state,  the  resolution  of  Congress,  in  the  text,  comes  very  oppor¬ 
tunely  in  aid;  and  when  its  provisions  are  complied  with,  we  shall  have  in  Pennsyl¬ 
vania,  what  we  have  never  had  before,  a  uniform  standard  of  weights  and  measures . 
It  is  the  imperative  duty  of  the  city  authorities  to  see  that  the  provisions  of  those 
laws  are  strictly  complied  with. 

For  the  standard  weight  of  grain  of  all  descriptions,  and  of  foreign  salt,  see  ante , 
p.  43,  and  Index,  ante ,  p.  507.  In  the  collection  of  tolls  on  the  Pennsylvania  canals 
and  rail  roads,  all  articles  are  to  be  charged  at  their  exact  weight;  but  when  not 
weighed,  the  annexed  articles  are  to  be  computed  as  follows — according  to  the  re¬ 
gulations  of  the  Board  of  Canal  Commissioners,  established  and  published  by  their 
authority,  in  1833.  See  Parke  $ f  Johnson's  Dig.  p.  101. 

lbs. 


Ashes,  pot  and  pearl, 
Beef,  salted,  - 
Brick, 

Barley,  - 
Buckwheat, 

Corn, 

Flour, 

Fish,  salted, 

Heading  for  barrels, 
Do.  for  hogsheads, 
Hoop  poles  for  barrels, 


45 
56 
212 
300 
4500 
5600 

- '  --  5600 

Do.  for  hogsheads,  do.  11200 
Lime,  -  -  -  per  bushel,  80 

Limestone,  per  perch  of  25  cu.  ft.  4000 


per  barrel,  320 
do.  280 
per  1000,  4500 
per  bushel,  45 
do. 
do. 

per  barrel, 
do. 

per  1000, 
do. 
do. 


lbs. 

Liquors  of  all  kinds,  per  barrel,  300 
Oil  of  all  kinds,  -  do.  280 
Oats,  -  -  -  per  bushel,  30 

Oysters,  -  -  -  do.  75 

Pork,  salted,  -  -  per  barrel,  280 

Rosin,  -  -  -  do.  280 

Rye,  -  -  -  per  bushel,  56 

Seed  clover,  &  all  other  kinds,  do.  56 

Staves  for  pipes,  -  per  1000,  5600 
Do.  for  hogsheads,  do.  4500 
Do.  for  barrels,  -  do.  3750 
Stone  unwrought,  per  per.  25  cu.  ft.  3750 
Tar,  -  per  bbl.  of  28  gallons,  320 
Wheat,  -  -  -  per  bushel,  60 


792 


CITV  LOAN. 


CHAPTER  CCXXVI. 

An  Ordinance  increasing  the  rents  of  stalls  in  the  Diamond  Market, 
&c.  &c. 

Rents  of  stalls  !•  That  from  and  after  the  expiration  of  the  present  year, 
in  the  Dia-  the  yearly  rents  of  the  inside  stalls  in  the  Diamond  Market 
mond  Market  shall  be  as  follows,  viz:  the  twenty-four  stalls,  Nos.  1, 2,  5, 6, 

edeJftfra?836X'7’  8>  10>  12’  13’  14>  17 »  18>  19>  20,  23,  24>  25,  26,  29,  30, 
’31,  32,  35  and  36,  now  rented  at  forty  dollars,  shall  be  fifty- 
two  dollars  and  fifty  cents.  The  twelve  stalls  Nos.  3,  4,  9, 
11,  15,  16,  21,  22,  27,  28,  33,  34,  now  rented  at  thirty-five 
dollars,  shall  be  forty-five  dollars ;  and  the  seven  stalls  Nos. 
1,  2,  3,  4,  5, 6, 7,  in  the  north  west  end  of  the  Diamond  mar¬ 
ket,  now  rented  at  thirty  dollars,  shall  be  at  thirty-five  dollars 
each,  the  rents  to  be  paid  in  advance  as  heretofore  provided 
for;  also,  the  present  occupants  to  be  entitled  to  a  preference 
in  the  renting  of  the  stalls  aforesaid. 

Repealing  H.  That  so  much  of  an  ordinance,  passed  the  27th  day  of 
clause.  May,  1833,  as  fixes  the  stall  rents  aforesaid,  and  requires 

them  to  be  sold  to  the  highest  bidder,  be,  and  the  same  is 
hereby  repealed,  and  no  more.80 

Passed  1st  August,  1836;  and  recorded  5th  August,  1836,  in  Book 
A.  page  231. 


CHAPTER  CCXXVII. 

An  Ordinance  entitled  an  ordinance  authorizing  the  Mayor  to  bor¬ 
row  thirty  thousand  dollars,  in  order  to  raise  money  to  pay  off  a 
loan,  and  for  other  purposes. 

Mayor  author-  I.  That  the  mayor  be  and  he  is  hereby  authorized  to  bor- 
izedto  borrow  row  the  sum  of  thirty  thousand  dollars,  on  an  interest  of  five 
$30,000.  per  cenj.  per  annumj  payable  half  yearly  on  the  first  days  of 
Interest  5  p.  ct.  January  and  July  thereafter,  at  the  Bank  of  the  United  States 
at  Philadelph-a.  Said  loan  to  be  redeemable  on  the  first  day 
Certificates  to  of  August,  eighteen  hundred  and  sixty-six;  for  which  upon 
be  issued,  &c.  payment  of  the  whole  amount  into  the  city  treasury,  a  certifi¬ 
cate  shall  be  issued  under  the  seal  of  the  corporation,  and 
countersigned  by  the  city  treasurer,  which  certificate  shall  be 
transferable  by  endorsement  thereon,  made  in  the  presence  of 

s  o  This  ordinance  repeals  the  3d  and  4th  sects,  of  chap.  175,  ante ,  p.  661-2;  and, 
in  place  of  disposing  of  the  stalls  to  the  highest  bidder,  designates  the  numbers  of 
the  stalls  and  the  yearly  rent  of  each,  giving  to  all  present  occupants  complying  with 
the  terms  a  preference  in  their  applications,  and  leaving  the  duties  of  the  clerk  of 
the  market  in  the  collection  of  the  rents  as  before  particularized.  See  note  4,  ante , 

p.  662. 


LOTS  OF  GROUND. 


793 


the  treasurer  of  the  city,  or  in  the  presence  of  the  cashier  of 
the  Bank  of  the  United  States,  in  Philadelphia. 

II.  That  the  faith,  credit,  funds,  revenue  and  corporate  pr0perty  0f 

properly  of  the  city,  be,  and  they  are  hereby  solemnly  pledged,  corporation 
for  the  payment  of  the  sum  hereby  authorized  to  be  borrowed  pledged  forre- 
as  aforesaid,  and  for  the  interest  of  the  same.  payment. 

III.  That  so  much  of  an  ordinance  passed  the  27th  day  ofFormer  ord; 
July,  1835,  as  authorized  the  mayor  to  negotiate  a  loan  for  n!mces>  chap3. 
eleven  thousand  dollars,  to  pay  for  the  purchase  of  a  lot  of  207  and  216, 
ground  from  John  Maitland;  and  an  ordinance  passed  the  repealed. 

29th  February,  1836,  authorizing  the  mayor  to  borrow  thirty 

thousand  dollars,  to  pay  off  a  loan,  and  for  other  purposes,  be, 
and  the  same  are  hereby  repealed.8 1 

Passed  1st  August,  1836;  and  recorded  5th  August,  1836,  in  Book 
A.  page  232. 


CHAPTER  CCXXVIXI. 

An  Ordinance  providing  for  the  purchase  of  two  pieces  of  ground 
on  Holmes’  Hill,  in  the  manor  of  Pittsburgh,  containing  together 
five  acres,  eighty-one  perches,  and  one  hundred  and  eighty-one 
feet. 

I.  That  the  mayor  be,  and  he  is  hereby  authorized  and  Mayor  to  issue 

empowered  to  issue  a  certificate  of  debt  under  the  seal  of  the  cert,  of  loan  to 
corporation,  to  George  A.  Cook,  for  the  sum  of  eight  thou-  for  $8896 °7°^ 
sand,  eight  hundred  and  ninety-six  dollars  and  seventy-five Ior  ^  1 

cents;  bearing  an  interest  of  six  percent,  per  annum,  from  Int  6  t 
the  13th  May,  1836,  payable  half  yearly  at  the  office  of  the  ann.  payable  j 
treasurer  of  the  city;  which  certificate  shall  be  signed  by  the  yearly  at  the 
mayor,  and  countersigned  by  the  treasurer,  and  shall  be  trans-  Clty  treasury, 
ferable  by  the  said  George  A.  Cook,  his  assigns  and  their  le¬ 
gal  representatives,  at  the  office,  and  in  the  presence  of  the 

treasurer  of  the  city,  and  shall  not  be  redeemed  or  paid  off 
by  the  city,  before  the  13th  May,  1856,  without  the  consent 
of  the  holders  thereof. 

II.  That  the  faith,  credit,  funds,  revenue,  and  corporate  property  0f 

property  of  the  city,  be  and  they  are  hereby  solemnly  pledged  corporation 
for  the  amount  of  the  aforesaid  certificate  and  for  the  pay-  pledged  for  re- 
ment  of  the  interest  accruing  thereon.82  payment. 

Passed  26th  September,  1836;  and  recorded  29th  September,  1836, 
in  Book  A.  page  233-4. 

8  1  This  ordinance  repeals  entirely  chap.  207,  ante,  p.  700;  and  chap.  216,  ante t 
p.  707-8.  See  statement,  post,  in  the  appendix,  entitled  “Public  Loans  and  City 
Debt ” 

8  2  See  statement,  post,  in  the  appendix,  entitled  “ Public  Loans  and  City  Debt 


794 


WATER  WORKS. 


CHAPTER  CCXXIX. 

An  Ordinance  changing  the  places  of  holding  the  general  and  city 
elections  for  the  East  and  South  Wards  of  the  city  of  Pittsburgh, 
caused  by  the  occupants  of  the  houses  now  authorized  for  holding 
the  same,  declining  to  have  said  elections  held  therein. 

I.  That  hereafter  the  elections  for  state  and  county,  as  well 
Places  fixed  as  for  cj[y  officers,  shall  be  held  in  the  East  and  South  Wards 
eneral  &§cily  di  l^e  f°^ow^ng  places,  viz:  in  the  East  Ward  at  the  house 
elections  in  E.  now  occupied  by  Michael  Smith,  in  Liberty  street,  facing 
and  S.  wards.  Hand  street:  in  the  South  ward  at  the  house  now  occupied 
by  William  J.  Lyon,  comer  of  Third  and  Grant  streets. 
Repealing  II.  That  so  much  of  any  ordinance  as  is  hereby  altered  or 
clause.  supplied,  be  and  the  same  is  hereby  repealed.83 

Passed  26th  September,  1836;  and  recorded  29th  September,  1836, 
in  Book  A.  page  233. 


CHAPTER  CCXXX. 

An  Ordinance,  supplemental  to  an  ordinance  regulating  the  distri¬ 
bution  of  water,  and  for  the  protection  of  the  water  works  of  the 
city  of  Pittsburgh,  passed  the  23d  of  February,  1829. 

Model  iron  I.  That  the  superintendent  of  the  water  works  shall  pro¬ 
stop  cock  box  cure?  under  the  direction  of  the  water  committee,  an  iron 

no  other  d  stoP  coc^  ^ox,  an<^  keeP  ^ie  same  at  water  W01'ks  as  a 
model;  and  that  all  stopcock  boxes  hereafter  placed  in  any  of 
the  streets,  alleys,  or  squares  of  the  city,  shall  be  constructed 
in  conformity  with  said  model;  and  in  case  any  person  shall 
neglect  or  refuse  to  provide  and  place  such  box,  or  shall  use 
Penalty.  one  of  a  different  model,  he  shall,  for  every  such  offence,  for¬ 
feit  and  pay  the  sum  of  ten  dollars.84 

Passed  26th  September,  1836;  and  recorded  29th  September,  1836, 
in  Book  page  232-3. 

8  3  This  ordinance  repeals,  in  part,  chap.  211,  ante,  p.  704-5.  The  general  and 
city  elections  will  therefore  be  held  as  follows. — North  Ward,  at  the  Washington 
Coffee  House,  corner  of  Penn  and  St.  Clair  Streets — South  Ward ,  at  the  house  of 
William  J.  Lyon,  corner  of  Third  and  Grant  Streets — East  Ward,  at  the  house  of 
Michael  Smith,  in  Liberty,  facing  Hand  street — and  West  Ward,  at  the  Court  House, 
in  the  Diamond. 

84  This  ordinance  is  supplementary  to  chap.  125,  ante,  p.  518-22.  The  follow¬ 
ing  resolutions  were  passed  by  the  water  committee  of  councils,  on  the  18th  of 
March,  1836: — - 

Resolved,  That  the  assessor  and  register  of  water  rents  be,  and  he  is  hereby  au¬ 
thorized  and  directed  to  enter  into  separate  contracts  for  supplies  of  hydrant  water 
for  building  purposes;  and  to  grant  permits  for  using  the  same,  conditioned,  that 
the  tax  agreed  on  and  specified,  shall  be  paid  within  three  months  thereafter;  pro¬ 
vided  that  no  permit  shall  be  granted  to  any  person  in  arrears  for  water  tax. 

Resolved ,  further;  that  the  assessor  shall  fix  the  rate  of  charges  for  water,  used  in 
building,  as  follows,  as  nearly  as  he  can  estimate  them: 


GAS  WORKS. 


795 


CHAPTER  CCXXXI. 

PITTSBURGH  GAS  WORKS. 

Terms  upon  which  the  Public  will  be  supplied  with  Gas ,  by 
the  Trustees  of  the  Pittsburgh  Gas  Works . 

1.  An  application  for  a  supply  of  gas  must  be  made  in  per-  A  |jcat-ong 
soil,  at  the  office  of  the  trustees;  the  applicant,  signing  the  fo/gaSj  how 
regulations,  and  stating  the  probable  number  of  burners  that  made. 

he  may  require. 

2.  Gas  will  be  supplied  by  the  meter,  whenever  practica-  Mannerofsup 
ble,  or  by  special  contract  in  writing,  conforming  as  near  as  plying  gas  by 
may  be,  to  the  rates  hereinafter  mentioned;  and  should  the  contract, 
meters  be  found  defective,  they  will  be  immediately  chan¬ 
ged;  and  in  case  of  their  ceasing  to  register  the  quantity  of 

gas  consumed,  the  account  will  be  made  by  the  average  of 
another  meter,  or  by  the  amount  charged  during  a  previous 
corresponding  period. 

3.  The  trustees,  whenever  they  shall  deem  it  expedient,  Security  to  be 
may  require  security  for  the  payment  of  the  gas  expected  to  given  if  requi- 
be  consumed,  or  the  deposit  of  a  sum,  in  advance,  to  secure  re 
themselves  against  loss. 

4.  The  service  pipe,  from  the  main  to  the  inside  of  the  Service  pipes 

building  to  be  lighted,  will  be  laid,  and  the  meter  furnished  and  meters  to 
by  the  trustees,  without  cost  to  consumers,  where  three  lights  furnished 
or  more  are  required;  except  where  gas  is  contemplated  to  °* 

be  used  for  short  periods,  or  during  only  a  portion  of  the  year; 
in  such  instances,  the  service  pipe  and  meter  must  be  paid 
for  by  the  consumer,  or  leased  from  the  trustees,  as  may  be 
agreed  upon  by  the  parties. 

5.  The  tubing  and  fitting  for  conveyance  of  gas  within  the  Fixtures  to  be 
walls,  after  it  has  passed  the  meter,  will  be  put  up  by  the  put  up  by  the 
trustees  only,  at  the  expense  of  the  consumer  or  proprietor  of  company  at 
the  premises;  and  a  rent  equal  to  15  per  cent,  on  the  value  ^  ®*Pense 
charged,  until  said  fittings  are  paid  for.  Provided,  that  no  rent  ^ers  °nsu* 
shall  be  charged  when  the  bill  is  paid  within  ten  days  after  it 

is  rendered. 

6.  When  the  value  of  the  fixtures  does  not  exceed  one 
hundred  dollars,  the  applicant,  if  a  tenant,  may  either  pay  for 

the  same,  or  pay  an  annual  rent,  equal  to  15  per  cent,  on  cost;  tecj  on  certain 
but  in  all  cases  the  charges  for  glasses  furnished  and  for  la-  conditions, 
bor  in  fitting  up  the  fittings,  must  be  paid  for,  as  soon  as  the 
work  is  completed  and  bill  rendered.  Provided,  that  no  fit- 

For  Stone  Work,  per  perch,  ....  4  cents. 

”  Brick  Work,  per  thousand,  -  6  “ 

“  Plastering,  with  3  coats,  the  same  as  brick,  6  cents  per  thousand. 

All  applications  to  use  the  hydrant  water,  for  building  purposes,  must  be  made  to 
the  assessor  of  the  water  rents. 


796 


GAS  WORKS. 


tings  will  be  rented  on  any  premises,  unless  the  owner  or 
landlord  shall  first  agree  to  release  said  fixtures  from  any  lia¬ 
bility  for  rent  of  said  premises,  and  permit  their  removal. 
Privilege  of  7.  Persons  using  gas  shall  at  any  time  have  the  privilege  of 
purchasing.  purchasing  from  the  trustees,  all  fittings  put  up  and  rented. 
Right  of  exam-  8.  The  trustees  shall,  at  all  times,  by  their  authorized 

ination  of  pre-  agent,  have  the  right  of  free  access  into  the  premises  lighted 
mises  reserv-  wjtj1  gas?  for  qie  pUrp0se  of  examining  the  whole  gas  appara¬ 
tus,  or  for  the  removal  of  the  meter  and  service  pipe. 

Notice  of  re-  9.  The  tenant  of  any  premises  using  gas,  shall  give  at  least 
moval  to  be  gi- three  days  written  notice  whenever  he  is  about  to  move,  that 
ven  by  tenants  the  gas  may  be  stopped  and  the  fittings  removed  if  on  rent, 
ot  houses.  or  wp|  remajn  liable  for  any  gas  that  may  pass  through 
the  meter,  until  such  notice  is  given. 

Manner  of  as-  10.  The  quantity  of  gas  consumed  will,  in  all  cases,  be  as¬ 
certaining  the  certained  in  the  manner  prescribed  in  the  second  article  of 
consunfed^ ^  t^eS8  ru^es?  an^  the  bill  rendered  on  the  first  days  of  March, 
consume  .  june?  September  and  December,  unless  otherwise  directed  by 
the  trustees. 

Gas  to  be  stop-  H-  In  default  of  payment  for  gas  consumed,  and  rent  or 
ped  in  certain  cost  of  fitting,  within  ten  days  next  after  the  quarter  days 
cases.  mentioned  in  the  tenth  article,  or  in  case  of  a  leak  or  injury 

done  the  meter  or  pipes  within  the  premises  of  any  consumer, 
the  flow  of  gas  shall  be  stopped  until  the  bill  is  paid  or  the 
necessary  repairs  are  made. 

12.  The  price  of  gas  shall  be  at  the  rate  of  three  dollars 
on1  which  gas S  Per  1900  cubic  feet,  and  a  discount  of  five  per  cent,  will  be 
is  to  be  furnish- allowed  on  the  amount  of  all  bills  paid  at  the  office  of  the 

trustees,  within  three  days  after  presentation. 

13.  The  trustees  reserve  to  themselves  the  right,  at  any 
time,  to  cut  off  the  communication  of  the  service  pipe,  if  they 
shall  find  it  necessary  to  do  so,  in  order  to  protect  the  works 
against  abuse  or  fraud. 

Read  in  councils,  and  approved  of  by  a  unanimous  vote, 
September  26th,  1836. 8  5 

E.  J.  ROBERTS, 

Clerk  Common  Council . 
ALEX’R.  MILLAR, 

Clerk  Select  Council . 

8  5  Gas  Lighting.— The  Trustees  of  the  Pittsburgh  Gas  Works  give  notice,  that 
the  present  state  of  forwardness  of  the  works  is  such  as  to  warrant  the  belief  that 
they  will  be  prepared  to  furnish  gas  to  the  private  consumers,  early  in  December, 
and  as  considerable  delay  must  take  place  in  putting  up  fittings  in  private  establish¬ 
ments,  they  request  those  persons  who  intend  having  the  gas  introduced,  to  give 
early  notice  to  the  works,  that  due  preparation  may  be  made. 

The  terms  upon  which  gas  will  be  supplied,  as  approved  by  the  select  and  com¬ 
mon  councils,  may  be  ascertained  upon  application  at  the  Gas  Works. 

S.  V.  MERRICK,  Engineer. 

Pittsburgh,  October  31, 1836. 


ed. 

Reserved 
rights  of  the 
trustees. 

Confirmation. 


DOGS', 


797 


CHAPTER  CCXXXIl. 


An  Ordinance  concerning  Dogs. 


I.  That  the  mayor  of  the  city  be,  and  he  is  hereby  autho-  ^ssessf)r 
rized  and  required  to  appoint  a  suitable  person  whose  duty  it  dogs  t0  be 
shall  be  to  assess  the  owners  of  dogs  within  the  city  of  Pitts-  pointed, 
burgh  such  sum  or  sums  as  are  hereinafter  directed. 

II.  That  the  assessor  of  dog  tax  shall,  on  or  before  the  first  Assessment  to 

day  of  March,  of  each  and  every  year,  make  a  return  under  be  ret’d  annu- 
oath,  of  assessment  to  the  treasurer  of  the  city.  t0  t,easurer* 

III.  That  the  assessor  of  dog  tax  shall  be  paid  for  his  ssr-  Salary, 
vices,  seventy-five  dollars  yearly. 

IV.  That  each  and  every  householder  within  the  city  of  Amount  of  an- 

Pittsburgh  who  may  be  owner  or  possessor  of  a  dog  or  dogs  Qnadoasss^pSm  t 
shall  be  assessed  yearly  at  the  period  hereinbefore  named,  toe" 

and  required  to  pay  the  collector  of  city  taxes  two  dollars  for  householders, 
the  first,  and  four  dollars  for  each  and  every  dog  beyond  the  first. 

V.  That  in  each  and  every  case  in  which  the  owner  or  pos-  Assessment  on 
sessor  of  a  dog  or  dogs  is  a  resident  only,  and  not  a  house-  dogs  owned  by 
holder  in  the  city  of  Pittsburgh,  such  resident  shall  be  assess-  residents,  not 
ed  and  shall  pay  to  the  collector  of  city  taxes,  five  dollars  householders, 
yearly  for  each  and  every  dog  by  him  owned  or  possessed, 

within  the  city. 

VI.  That  each  and  every  owner  or  possessor  of  a  female  Assessment  on 
dog  or  dogs,  shall  be  assessed  and  shall  pay  yearly  to  the  col-  female  dogs, 
lector  of  city  taxes,  for  the  first  female  dog  six  dollars,  and  for 

every  one  beyond  the  first,  ten  dollars. 

VII.  That  it  shall  be  the  duty  of  the  collectors  of  city  Taxes  to  be 

taxes,  to  collect  the  tax  hereinbefore  directed  to  be  assessed  collected  the 
on  dogs,  on  the  same  terms  that  the  collection  of  other  city  s^me  as  other 
taxes  is  made.  J 


VIII.  That  if  from  any  cause  the  assessment  of  the  owner  of  provjso  for  re_ 
any  dog  or  dogs  be  omitted,  it  shall  be  the  duty  of  such  own-  gisteringin  ca- 
er  to  pay  the  tax  hereinbefore  directed,  to  the  treasurer  of  ses  of  non-as- 
the  city,  who  shall  register  the  name  of  such  owner  and  give  sessment. 
him  a  certificate  of  said  registry;  and  it  shall  not  be  lawful 

for  any  person  or  persons,  to  place  a  collar  on  any  dog  or 

dogs,  unless  the  tax  shall  have  been  paid  on  said  dog  or  dogs, 

for  the  current  year,  under  a  penalty  of  not  less  than  ten,  nor  penapy  for  e. 

more  than  twenty  dollars  for  each  offence,  to  be  recovered  and  vasions  of  the 

applied  as  other  fines  under  the  city  ordinances  are  recovered  law. 

and  applied. 

IX.  That  so  much  of  any  ordinance  as  is  hereby  altered  Repealing 

or  supplied,  be,  and  the  same  is  hereby  repealed.86  clause. 


Passed  7th  November,  1836;  and  recorded  10th  November,  1836,  in 
Book  A.  page  234. 


8  6  This  ordinance  repeals  in  part,  chap.  153,  ante ,  pages  576-77 — which,  before 
the  passage  of  the  ordinance  in  the  text,  was  the  only  ordinance  in  force  on  the  sub¬ 
ject  of  dogs,  and  of  dogs  running  at  large. 


798 


GAS  WORKS. 


CHAPTER  CCXXXIII. 


An  Ordinance  supplementary  to  the  several  ordinances  relative  to 
the  Pittsburgh  Gas  Works. 

600  additional  !•  That  the  trustees  of  the  Pittsburgh  Gas  Works  be,  and 
shares  of  gas  they  are  hereby  empowered,  to  create  additional  stock  to  an 
stocktobecre-  amount,  not  exceeding  in  the  whole,  six  hundred  shares  of 
fifty  dollars  each:  said  stock  shall  be  disposed  of  by  the  city 
treasurer,  after  public  notice,  in  conformity  with  the  regula¬ 
tions  prescribed  by  the  ordinance  of  the  27  th  of  April,  1835, 
To  be  sold  at  and  the  several  supplements  thereto.  If,  however,  after  such 
public  sale--&  pUblic  notice,  the  whole,  or  any  part  of  said  additional  stock 
for^wan^oT  ^  remain  unsold,  for  want  of  bidders,  the  treasurer  may 
bidders.  dispose  of  the  same,  at  private  sale,  on  the  best  terms  that  can 
be  obtained.  Provided ,  That  no  share  be  sold  for  less  than 
its  par  value. 

To  be  laced  ^iat  sa*I(^  additional  stock  shall  be  placed,  in  every 
on  the  same  resPect,  on  the  same  footing  as  the  stock  authorized  by  the 
footing  as  for- ordinance  of  the  27th  of  April,  1835,  and  the  several  supple- 
mer  gas  stock,  ments  thereto.87 

Passed  13th  December,  1836;  and  recorded  16th  December,  1836, 
in  Book  A.  page  235. 


CHAPTER  CCXXXIV. 

An  Ordinance  supplementary  to  an  ordinance  passed  27th  April, 
1835,  for  the  construction  and  management  of  the  Pittsburgh  Gas 
Works,  and  a  supplement  thereto,  passed  3d  March,  1836. 

Interest  on  gas  That  the  interest  guaranteed  to  the  stockholders  in  the 
stock  to  be  pd.  Pittsburgh  Gas  Works  as  specified  in  the  fifth  section  of  an 
semi-annually,  ordinance,  supplementary  to  an  ordinance,  &c.  passed  3d  of 
March,  1836,  shall  be  paid  to  the  several  stockholders  or  their 
First  payment  jega|  attorney,  on  the  first  days  of  February  and  August,  com¬ 
pel  1837^  S  mencing  the  first  day  of  February,  1837.  Provided ,  That 
no  stockholder  shall  be  entitled  to  any  interest,  unless  the 
Proviso.  whole  amount  of  instalments  duly  called  for,  shall  first  have 
been  fully  paid  into  the  city  treasury.8  8 

Passed  3d  January,  1837,  and  recorded  11th  January,  1837,  in  Book  - 
A.  pages  235. 

8  7  For  ordinance  of  27th  April,  1835,  see  chap.  198,  ante,  p.  685-89.  See,  also, 
chap.  219,  passed  10th  March,  1836,  ante,  p.  710-11,  and  appendix,  No.  II.  entitled 
u  Public  Loans  and  City  Debt.” 

8  8  For  the  ordinance  passed  27th  April,  1835,  see  chap,  198,  ante,  p.  685-89;  and 
for  the  ordinance  passed  3d  March,  1836,  see  chap.  219,  ante,  p.  710-11. 


STREET  COMMISSIONERS. 


799 


CHAPTER  CCXXXV. 

An  Ordinance  providing  for  the  appointment  of  street  commission¬ 
ers. 

I.  That,  hereafter,  there  shall  be  appointed,  annually,  in  the  Qne  st>  com# 
same  manner  as  other  city  officers,  one  street  commissioner,  and  one  assis- 
and  one  assistant  street  commissioner:  And  that  the  salary  tar»t  do.  to  be 
of  the  street  commissioner  shall  be  six  hundred  dollars  per  an-  e^ectec*  ann* 
num,  and  the  salary  of  the  assistant  street  commissioner  shall  The  1st  to  re- 
be  five  hundred  dollars  per  annum;  both  payable  quarter theV2dS500& 
yearly,  as  other  city  officers  are  paid:  And  that  said  officers, per  ann. 
before  entering  upon  the  duties  of  their  respective  offices,  shall  Qath  to  be  ta_ 
take  the  oath  prescribed  by  law,  and  shall  give  bonds  in  the  ken  and  bonds 
sum  of  two  thousand  dollars,  each,  conditioned  for  the  faith- to  be  given 
ful  performance  of  their  respective  duties:  Provided ,  That  if  each  in  $2000. 
the  commissioners,  or  either  of  them,  neglect  to  give  the  se- 

curity  required  by  this  ordinance,  for  one  week  after  their  “r0VIS0* 
election,  the  mayor  shall  communicate  the  same  to  the  res¬ 
pective  councils,  who  shall,  at  their  next  meeting,  elect  one 
or  more,  as  the  case  may  require. 

II.  That  so  much  of  any  ordinance  as  is  hereby  altered  or  Repeal  of  for- 

supplied,  be  and  the  same  is  hereby  repealed. 8  9  mer  ord. 

Passed  17th  January,  1837. 

8  9  This  ordinance  was  passed  on  the  17th  of  January,  1837,  and  published  in  the 
newspapers,  within  the  limited  time,  but  not  having  been  recorded  in  the  recorder’s 
office  of  Allegheny  county  within  thirty  days  after  its  passage,  according  to  the  pro¬ 
visions  of  the  6th  sect,  of  the  act  incorporating  the  city,  the  same  is  null  and  void. 
See  ante,  pages  13-14  and,  also,  ante,  pages  206-7. 


■ 

'  ’ 

* 


,  :  t  ;  - 

. 


*  * 


APPENDIX.— No.  I 


CITY  OFFICERS. 

List  of  the  Mayors,  Recorders,  Aldermen,  &;c.  of  Pittsburgh,  from  the  incorporation 
of  the  City,  March  8,  1816,  to  January  1,  1837. 


MAYORS. 


Ebenezer  Denny, 
John  Darragh, 

John  M.  Snowden, 
Magnus  M.  Murray, 
Matthew  B.  Lowrie, 
Magnus  M.  Murray, 
Samuel  Pettigrew, 
Jonas  R.  M’Clintock, 


Elected,  July  9th,  1816, 

resigned, 

July  23d,  1817. 

do. 

July  31st,  1817, 

do. 

June  20th,  1825. 

do. 

June  28th,  1825,  served  till, 

Jan. 

8tb,  1828. 

do. 

Jan.  8th,  1828, 

do. 

Jan. 

12th,  1830. 

do. 

Jan.  12th,  1830, 

do. 

Jan. 

11th,  1831. 

do. 

Jan.  11th,  1831, 

do. 

Jan. 

10th,  1832. 

do. 

Jan.  10th,  1832, 

do. 

Jan. 

15th,  1836. 

do. 

Jan.  15th,  1836,  Acting. 

RECORDERS. 


Charles  Wilkins,  junr.  Appointed,  24th  June,  1816,  died  August  28th,  1818. 
Charles  Shaler,  -  *  do.  7th  Sept.  1818,  resigned,  June  13th,  1824. 
Ephraim  Pentland,  -  do.  6th  July,  1824.  Acting. 

ALDERMEN.* 


Ebenezer  Denny, 
John  Darragh, 
William  Steele, 
Philip  Mowry, 
Lazarus  Stewart,  - 
Thomas  Enoch, 
Phillip  Gilland, 
*James  Young, 


Appointed,  1st  April,  1806,  died,  July  23d,  1822. 

*  4th  July,  1807,  died.  May  14th,  1828. 

1  29th  March,  1808,  removed  from  the  city  in  1819. 
‘  4th  July,  1808,  resigned,  Feb.  1817. 

‘  5th  Nov.  1808,  elected  Sheriff,  Oct.  1816. 

<  4th  March,  1809,  died,  5th  Feb.  1830. 

‘  15th  January,  1810,  died,  Oct.  6th,  1821. 

4  22d  March,  1813.  Acting. 


*  By  the  8th  sect,  of  the  act  of  incorporation,  ante,  page  14,  the  persons  commis¬ 
sioned  and  acting  a.s  justices  of  the  peace,  prior  to  that  act,  were  made  aldermen,  with¬ 
out  any  new  commission,  and  an  additional  number  appointed  to  make  the  number 
twelve;  and  the  governor  was  authorized  to  fill  up  and  supply  all  vacancies  occurring 
by  death,  resignation,  removal  from  the  city,  or  otherwise,  limiting  the  number  to 
twelve;  from  which  number  the  Mayor  of  the  city  was  to  be  chosen  annually,  on  the 
second  Tuesday  of  January,  viva  voce,  by  the  select  and  common  councils,  in  joint 
meeting  assembled.  Those  marked,  thus,  (*)  are  at  present  the  twelve  acting  alder¬ 
men  ;  and  James  Young,  Esq.  is  now  the  only  alderman  of  the  city  originally  com¬ 
missioned  as  a  justice  of  the  peace. 

By  a  recent  act  of  assembly,  passed  on  the  26th  December,  1833,  (see  ante,  page 
702,)  the  citizens  are  authorized  to  choose  the  Mayor ,  either  from  among  the  body 
of  aldermen,  or  from  the  citizens  qualified  to  serve  as  members  of  the  house  of 
representatives  of  this  commonwealth;  and  the  elections  for  that  officer  are  held 
in  the  several  wards  of  the  city,  annuallv,  on  the  second  Tuesday  of  January. 

122 


802 


APPENDIX. 


Robert  Graham,  - 
John  Hannen, 

John  M.  Snowden, 
Matthew  B.  Lowrie, 
George  Steward,  - 
Richard  Robinson, 
William  Lecky,  - 
^Robert  Christy,  - 
Ephraim  Pentland, 
*Magnus  M.  Murray, 
Robert  Simpson,  - 
Thomas  Cooper,  - 
*Chas.  Von  Bonhorst, 
*Dennis  S.  Scully, 
John  Wilson, 

Charles  H.  Israeli, 


Appointed  26th  January,  3814,  died,  fall  of  1820. 

‘  24th  June,  1816,  resigned,  June,  1826. 

1  24th  June,  1816,  removed  from  the  city,  June,  ’28. 

‘  24th  June,  1816,  resigned,  July,  1829. 

‘  12th  March, ’37,  do.  Dec.  ’18,  died,  3d  Ap.  '31. 

‘  18th  March,  ’17,  do.  Feb.  ’20,  d’d,  16  Dec.  ’28. 

‘  9th  Jan.  1819,  elected  sheriff,  Oct.  1825. 

1  30th  March,  1820.  Acting. 

1  27th  Nov.  1820,  resigned,  11th  July,  1824. 

1  8th  March,  1821.  Acting. 

1  3d  April,  1821,  resigned,  March,  1829. 

‘  17th  October,  1822,  removed  from  city,  Ap.  1834. 

*  3d  August,  1824.  Acting. 

*  1st  December,  1825,  do. 

‘  14th  July,  1826,  died,  29th  Nov.  1832. 

‘  21st  May,  1828,  resigned,  July  1829. 

William  Steele,  Re-appointed  26th  July,  1828,  died.  25th  Dec.  1830. 

^Matthew  B.  Lowrie,  -  *  23d  July,  1829.  Acting. 

^Charles  H.  Israel,  -  ‘  23d  July,  1829.  do. 

*Lazarus  Stewart,  -  1  15th  August,  1829.  do. 

*Francis  Bailey,  -  Appointed  1st  June,  1830.  do. 

^Samuel  Pettigrew,  -  ‘  16th  February,  1831.  do. 

John  Hern,  -  -  1  6th  December,  1832,  died  14th  Jan.  1833. 

William  C.  Enos,  -  1  31st  January,  1833,  removed  to  Ill.  Nov.  18,  3836. 

*Leonard  S.  Johns,  -  *  8th  April,  1834,  Acting. 

*David  Drennan,  -  *  23d  Nov.  1836.  do. 


CLERKS  OF  THE  MAYOR’S  COURT. 

John  Gilland,  -  Appointed  24th  June,  1816,  superseded,  3d  March,  1818. 
Felix  Brunot,  junr.  1  3d  March,  1818,  resigned,  4th  March,  1819. 

Silas  Engles,  -  -  .  ‘  15th  March,  1819,  superseded,  8th  Feb.  1820. 

George  Cochran,  of  Rd.  -  ‘  8th  February,  1820,  do.  9th  Jan.  1824. 

Silas  Engles,  Re-appointed  9th  January,  1824,  died,  July  17th,  1827. 

Samuel  A.  Roberts,  Appointed  23 st  July,  1827,  superseded,  4th  Feb.  1836. 
Thos.  L.  M’Millan,  -  -  4  4th  February,  1836,  Acting. 


NOTARIES  PUBLIC. 

Appointed,  30th  June,  1817,^ 

15th  May,  1821, 

‘  6th  Feb.  1833,  all  acting. 
6th  Feb.  1834,  j 
3d  Sept.  1834.  j 
M.  Lowry,  (Northern  Liberties,)  Appointed,  6th  Feb.  1834,  Acting. 
Robert  A.  Campbell,  (Alleghenytown,)  *  6th  Feb.  1834.  do. 


Matthew  B.  Lowrie, 
John  Snyder,  - 
James  S.  Craft, 
Charles  H.  Israeli, 
Robert  H.  Douthitt, 


CITY  OFFICERS— 1836. 


Mayor,  - 
City  Treasurer, 

Wharf  Master,  - 
City  Gauger, 

Recording  Regulator, 
Regulators  of  Streets  and  Lots, 
Street  Commissioner, 

Clerk  of  the  Markets, 

Weigh  Master  of  the  Markets, 


JONAS  R.  M’CLINTOCK. 

WILLIAM  PENTLAND. 

FLORENCE  COTTER. 

JAMES  FULTON. 

Z.  W.  REMINGTON. 

SAMUEL  W.  KERR,  LEWIS  KEYON 
WILLIAM  ALEXANDER. 

JOHN  BYRNE. 

ALEXANDER  HAY. 


APPENDIX. 


803 


Weigh  Master  at  Hay  Scales,  -  CHARLES  GLENN. 

City  Assessor,  -  -  -  THOMAS  PERKINS. 

Collector  of  Taxes  &  Water  Rents,  THOMAS  DICKSON, 
Collector  of  Co.  Taxes,  N.  Ward,  R.  H.  KERR, 

Do.  do.  E.  Ward,  ANDREW  GETTY, 

Do.  do.  S.  Ward,  WM.  GRAHAM, 

Do.  do.  W.  Ward,  WM.  DRAKE, 

Inspector  of  Salt,  -  -  -  JOSEPH  CUPPLES, 

Inspector  of  Tobacco,  -  -  GEORGE  WEYMAN. 

Inspector  of  Pot  and  Pearl  Ashes,  THOMAS  BAKEWELL. 
Assessor  &  Register  of  Water  Rents,  WEBB  CLOSEY. 
Superintendent  of  Paving  &  Grading,  WILLIAM  BARR. 
Measurer  of  Boards,  Scantling,  &c.  GEORGE  NEELANDS. 


do. 

do. 

do. 

ANDREW  GETTY. 

do. 

do. 

do. 

J.  M’CLELLAND. 

do. 

do. 

do. 

J.  C.  DAV1TT. 

do. 

do. 

do. 

JOHN  CREIGHTON 

MEMBERS  OF  THE  SELECT  COUNCIL, 
With  the  periods  for  which  they  were  elected  to  serve. 


1.  JOHN  P.  BAKEWELL, 

2.  GEO.  W.  JACKSON, 

3.  WILLIAM  MACKEY, 

4.  THOMAS  SCOTT, 

5.  JOHN  ARTHURS, 

6.  GEORGE  OGDEN, 

7.  SAMUEL  ROSEBURGH, 

8.  WILLIAM  WADE, 

9.  JOHN  D.  DAVIS, 

10.  MARTIN  RAHM,  dec’dMay6, 1837,  S.Ward, 

11.  WILLIAM  PORTER,  East  Ward, 

12.  SAMUEL  P.  DARLINGTON,  Preset.  N.  Ward 
ALEXANDER  MILLAR,  Clerk. 


South  Ward,  2d  Tuesday  of  January,  1837. 
West  Ward, 

East  Ward, 

North  Ward, 

East  Ward, 

South  Ward, 

West  Ward, 

North  Ward, 

West  Ward, 


do. 

do. 

do. 

do.  > 

do. 

do. 

do. 

do. 

do. 

do. 

do. 

1838. 

do. 

do. 

do. 

do. 

do. 

do. 

do. 

do. 

do. 

do. 

do. 

1839. 

do. 

do. 

vacant. 

do. 

do. 

1839. 

do. 

do. 

do. 

COUNCIL, 

’  January,  1837. 

North  Ward, 

1.  GEORGE  A.  COOK,  President, 

do. 

2.  M.  B.  MILTENBERGER, 

do. 

3.  ROBERT  GALWAY, 

do. 

4.  HENRY  M’CULLOUGH, 

do. 

5.  JOHN  IRWIN, 

South  Ward, 

6.  THOMAS  ROBINSON, 

do. 

7.  ANDREW  FLEMING, 

do. 

8.  JOSEPH  WOODWELL, 

do. 

9.  JOSEPH  COLTART, 

do. 

10.  JOHN  M’GILL, 

East  Ward, 

11.  JOSEPH  P.  GAZZAM, 

do. 

12.  JAMES  KERR, 

do. 

13.  ROBERT  WATSON, 

do. 

14.  THOMAS  FAIRMAN, 

do. 

15.  BENJAMIN  WEAVER, 

West  Ward , 

16.  JOHN  B.  WARDEN, 

do. 

17.  ROBERT  H.  DOUTHITT, 

do. 

18.  REES  C.  TOWNSEND, 

do. 

19.  SAMUEL  KELLER, 

do. 

20.  EPHRAIM  FRISBEE, 

EDWARD  J.  ROBERTS,  Clerk . 


804 


APPENDIX 


STANDING  JOINT  COMMITTEES  OF  COUNCILS,  FOR  183d 

1.  On  Finance. — Messrs.  Davis  and  Arthurs  of  the  Selcet,  and  Gazzam,  Milters 
bergerand  Fairman  of  the  Common  Council. 

2.  On  Water. — Messrs.  Wade  and  Bakewell  of  the  Select,  and  M’Gill,  Douthitt 
and  Townsend  of  the  Common  Council. 

3.  Onthe  Canal. — Mr.  Mackey  ofthe  Select,  and  Galway  and  Keller  of  the  Com¬ 
mon  Council. 

4.  On  Streets,  Grading  and  Paving. — Messrs.  Scott  and  Porter  of  the  Select,  and 
Warden,  Kerr  and  Irwin  ofthe  Common  Council. 

5.  On  Wharves  and  Landings . — Mr.  Jackson  of  the  Select,  and  Messrs.  Robinson 
and  M’Gill  ofthe  Common  Council. 

6.  On  Claims  and  Accounts. — Mr,  Ogden  of  the  Select,  and  Miltenberger  and 
Fleming  of  the  Common  Council. 

7.  On  IVooden  Buildings — Mr.  Rahm  of  the  Select,  and  Messrs.  Woodwell  and 
Frisbee  ofthe  Common  Council. 

8.  On  Appeals  from  City  Assessments. — Mr.  Roseburgh  of  the  Select,  and  Messrs. 
Coltart  and  Watson  of  the  Common  Council. 

9.  On  Fire  Companies. — Mr.  Wade  of  the  Select,  and  Messrs.  Douthitt  and  Mil¬ 
tenberger  of  the  Common  Council. 

10.  On  Gas  Lighting. — Messrs.  Wade  and  Davis  ofthe  Select,  and  Weaver,  M’CuI- 
lough  and  Watson  of  the  Common  Council. 

11.  On  Markets. — Mr,  Ogden  ofthe  Select,  and  Messrs.  Fleming  and  Woodwell 
ofthe  Common  Council. 

12.  On  the  City  Police. — Mr.  Ogden  of  the  Select,  and  Messrs.  Douthitt  and  Wea¬ 
ver  of  the  Common  Council. 

13.  Sanitary  Committee. — Mr.  Bakewell  of  the  Select,  and  Messrs.  Townsend  and 
Keller  of  the  Common  Council. 

14.  Trustees  of  the  Gas  Works  on  the  part  of  the  City,  chosen  on  the  1 8th  of  May.  1836. 
—Richard  Biddle,  Esq.  President.  To  serve  for  three  years,  Richard  Biddle  and 
William  Hays,  chosen  by  the  Select  Council ;  to  serve  for  two  yesrs,  chosen  by  the 
same,  John  Caldwell  and  Thomas  Bakewell ;  to  serve  for  one  year,  chosen  by  the 
same,  Benjamin  Darlington  and  William  Wade  ;  to  serve  for  three  years,  chosen  by 
the  Common  Council,  Christian  Anshutz  and  William  W.  Irwin  ;  to  serve  for  two 
years,  chosen  by  the  same,  Dr  Wdlliam  A.  Simpson  and  John  W.  Johnston  ;  to 
serve  for  one  year,  chosen  by  the  same,  Z.  W.  Remington  and  Jonas  R.  M’CIintock. 

APPOINTMENTS  BY  THE  MAYOR,  FOR  1836. 

City  Solicitor — Edward  Simpson. 

High  Constable — John  B.  Gray. 

City  Constables— James  E.  Mitchell,  James  Slicer,  Daniel  Werts&  D.  P.  Wells. 

Capt.  of  the  Watch— Conrad  Upperman. 

Lieuts.  of  do. — David  Jewell  and  Hugh  Bateman. 

Vaccine  Physician — Dr.  George  Bruce. 


WATCHMEN. 


No.  1.  G.  WE  Abbot, 

2.  Henry  Kennedy, 

3.  John  Nicholson, 

4.  Richard  Keenan, 

5.  Alex.  Gray, 

6.  Daniel  Kennedy, 

7.  J.  Ferguson, 

8.  Thomas  M’Mahon, 


No.  9.  Clarke  Jewell, 

10.  Jno.  Wallace, 

11.  Wm.  Wirtz, 

12.  John  Clemmer, 

13.  Robert  Hague, 

14.  Robt.  Potts, 

15.  Leo.  Snyder, 

16.  J.  Fox. 


805 


APPENDIX.— No.  II. 

PUBLIC  LOANS  AND  CITY  DEBT. 


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806 


EXPLANATORY  NOTES. 

No.  15.  For  $6,000,  for  sanitary  purposes.  The  whole  of  this  sum  was  borrowed 
immediately  after  the  passage  of  the  ordinance,  27th  May,  1833,  and  passed  to  the 
contingent  fund  of  that  year;  (No.  12.)  The  amount  expended,  from  time  to  time, 
up  to  the  27th  September,  1833,  when  all  apprehensions  from  the  cholera  ceased, 
appears  by  the  annual  settlement  of  the  city  accounts  of  that  year,  to  have  been 
$3616  94.  The  balance  of  the  loan,  of  course,  was  charged  to  the  contingent  fund. 
See  ante ,  p.  660-61. 

No.  16.  For  $15,000,  for  general  purposes,  for  the  use  of  the  city,  and  to  meet  pre¬ 
vious  appropriations.  $6000  only  of  this  loan,  as  authorized,  was  taken;  and  the 
authority  to  borrow  the  balance  was  repealed  by  chap.  190,  passed  29th  Nov.  1834. 
See  ante ,  p.  675-78  and  notes  appended  to  chap.  191. 

No.  17.  For  $10,000,  for  the  purpose  of  paying  the  principal  and  interest  due  on 
former  loans;  one  falling  due  28th  of  February,  1824,  and  the  others  on  the  8th  and 
13th  of  August,  1834.  $5000  redeemable  on  the  1st  of  July,  1837,  and  $5000  re¬ 
deemable  on  the  1st  of  July,  1838.  See  ante ,  p.  670-71. 

No.  L8.  For  $6000,  being  the  only  part  taken,  of  Loan  No.  16,  as  heretofore  re¬ 
ferred  to.  See  ante ,  p.  675. 

No.  19.  For  $75,000,  for  the  purpose  of  discharging  several  debts  and  loans  be¬ 
fore  contracted  for  the  use  of  the  corporation.  See  particularly  the  notes  appended 
to  chap.  191,  ante ,  p.  675-78,  in  which  the  several  debts  provided  for  are  particularly 
set  forth. 

No.  20.  For  $5,000,  is  supplementary  to  the  loan  No.  19,  increasing  that  loan  to 
$80,000,  for  the  particular  purposes  explained  above. 

No.  21.  For  $50,000,  being  the  amount  of  1000  shares  of  $50  each  in  the  stock 
of  the  Pittsburgh  gas  works;  the  stock  held  by  individuals,  but  the  interest,  payable 
half  yearly,  at  6  per  cent,  guaranteed  to  the  holders  of  the  stock  by  the  city,  sub¬ 
ject  to  the  conditions  annexed  to  ordinance,  chap.  198,  ante ,  p.  685-89. 

No.  22.  For  $11,000,  for  the  purchase  of  a  lot  of  ground  from  John  Maitland,  for 
the  use  of  the  Pittsburgh  gas  works;  but  the  same  is  entirely  repealed  by  the  pro¬ 
visions  of  chap.  216,  passed  29th  February,  1836,  ante ,  p.  707-8,  and  chap.  227, 
passed  1st  August,  1836,  ante ,  p.  792-3.  See  Nos.  23  and  25. 

No.  23.  For  $30,000,  to  pay  off  a  previous  loan,  and  for  other  purposes.  No  part 
of  this  loan,  as  authorized,  was  taken;  and  the  authority  to  contract  for  it  w7as  re¬ 
pealed  by  the  provisions  of  chap.  227,  passed  1st  August,  1836,  ante ,  p.  792-3. 

No.  24.  For  $20,000,  the  amount  of  400  additional  shares  in  the  stock  of  the 
Pittsburgh  gas  works,  according  to  the  terms  and  conditions  specified  in  chap.  219, 
passed  3d  March,  1836,  ante,  p.  710-11. 

No.  25.  For  $30,000,  for  the  purpose  of  paying  off  a  former  loan,  and  for  other 
purposes.  The  whole  amount  of  this  loan  has  been  taken,  and  supersedes  the  loans 
authorized  by  Nos.  22  and  23. 

No.  26.  For  $8896  75,  to  provide  for  the  payment  of  two  pieces  of  ground,  on 
Holmes’  Hill,  in  the  manor  of  Pittsburgh,  containing  together  five  acres,  eighty-one 
perches,  and  one  hundred  and  eighty-one  feet,  purchased  of  Geo.  A.  Cook,  for  the 
use  of  the  city  water  works.  See  chap.  228,  passed  26th  September,  1836,  ante,  p. 
793. 

No.  27.  For  $20,000,  authorized  by  a  joint  resolution  of  the  city  councils,  of  the 
26th  September,  1836,  for  one  year,  in  order  to  meet  the  immediate  wrants  of  the 
city,  as  stated. 

No.  28.  For  $5000,  authorized  by  a  joint  resolution  of  the  city  councils,  of  the 
]9th  November,  1836,  for  six  months,  to  pay  debts  due  and  growing  due  by  the  city, 
under  existing  contracts  for  public  work,  &c. 

Remarks. — From  the  tabular  statement,  it  appears,  that  up  to  Loan  No.  14,  the 
whole  amount  of  money  borrowed  for  the  use  of  the  corporation  from  6th  Februa¬ 
ry,  1826,  to  28th  January,  1833,  was  179,000;  of  wThich  sum  $20,000  had  been  paid, 
leaving  a  balance  of  159,000 — $70,000  of  wdiich  was  payable  on  the  1st  of  July, 
1835.  By  subsequent  loans,  so  much  of  this  sum  of  $159,000  wras  paid  off,  as  to 


APPENDIX. 


807 


leave  the  balance  due  on  all  the  loans,  including  and  up  to  No.  14,  $89,000.  The 
amount  actually  borrowed,  on  all  the  loans  from  and  including  No.  15  to  No.  28, 
appears  to  be  $229,896 — $70,000  of  which  is  for  the  gas  works  stock,  and  $8896  75, 
for  the  purchase  of  water  works  lot  on  Holmes’ Hill — leaving  the  total  amount  of 
the  city  debt  on  loan,  up  to  the  19th  of  November,  1836,  $318,896  75. 


[TT  Since  the  foregoing  was  written,  the  city  councils,  by  ordinance,  chap.  233, 
passed  13th  December,  1836,  have  authorized  the  further  sale  of  600  shares  of  stock 
in  the  capital  of  the  Pittsburgh  gas  works,  amounting  to  $30,000,  which  may  be 
added  to  the  above  estimate  of  the  amount  of  the  city  debt — making  the  same 
$348,896  75. 


808 


APPENDIX.— No.  III. 


COMMON  SCHOOLS,  AND  GENERAL  SYSTEM  OF  EDUCATION. 

This  subject  is  referred  to  in  note  27,  ante,  p.  684;  and  also  note  68,  ante,  p.  726; 
notes  69  and  70>  ante,  p.  728;  and  note  72,  ante,  p.  734,  which  see.  In  conformity 
with  the  4th  sect,  of  the  act  of  the  1st  of  April,  1834,  entitled  “An  act  to  establish 
a  general  system  of  education  by  common  schools,”  (Pamph.  Laws  of  Penn,  session 
of  1833-34,  p.  170-79,)  proceedings  were  had  in  Allegheny  county,  by  delegates 
from  the  several  wards  of  the  city,  townships  and  districts  of  the  county,  at  the 
court  house  in  Pittsburgh,  on  Tuesday,  4th  Nov.  1834,  when  the  amount  of  tax  to 
be  levied  in  the  school  division,  (county,)  was  determined  at  the  sum  of  $6,500; 
which,  together  with  the  state  appropriation,  was  apportioned  among  the  several 
districts,  as  follows: — 


WARDS,  BOROUGHS,  &c. 

Population. 

State  appropria¬ 
tion. 

$  c. 

Apportionment 
of  Tax. 

$  c. 

Total  amount. 

$  c. 

East  Ward, 

1061 

231 

96 

499 

75 

731 

71 

South  “ 

736 

160 

92 

346 

66 

507 

58 

West  “ 

707 

154 

56 

333 

00 

487 

56 

North  “ 

792 

173 

14 

373 

04 

546 

18 

Northern  Liberties, 

686 

149 

97 

323 

11 

473 

08 

Pitt  Township, 

Peebles  “ 

700 

153 

00 

329 

71 

'482 

71 

409 

89 

41 

192 

64 

282 

05 

Lawrenceville, 

Wilkins  Township, 
Plum  “ 

J  44 

31 

48 

67 

82 

99 

30 

515 

112 

58 

242 

57 

355 

15 

413 

90 

27 

194 

53 

284 

80 

Versailles  “ 

258 

56 

40 

121 

52 

177 

92 

Elizabeth  “ 

582 

127 

23 

274 

13 

401 

36 

Jefferson  “ 

329 

71 

91 

154 

96 

226 

87 

Mifflin  “ 

261 

58 

35 

125 

76 

184 

11 

St.  Clair,  M’Cully’s, 

“  Obey’s, 

495 

108 

21 

233 

15 

341 

36 

567 

123 

95 

267 

00 

390 

95 

Robinson  Township, 
Moon  “ 

348 

76 

06 

163 

91 

233 

97 

262 

57 

26 

123 

40 

180 

66 

Fayette  “ 

501 

109 

52 

239 

89 

349 

41 

Findlay  “ 

248 

54 

20 

116 

81 

171 

01 

Franklin  “ 

165 

36 

06 

77 

71 

113 

77 

Ohio  “ 

262 

57 

26 

123 

40 

180 

66 

Pine  “ 

392 

86 

41 

184 

63 

271 

04 

Ross  “ 

654 

142 

97 

308 

04 

451 

01 

Deer  “ 

436 

95 

31 

205 

36 

300 

67 

Indiana  “ 

466 

101 

87 

219 

47 

321 

34 

Allegheny  Borough, 

1236 

270 

23 

582 

17 

852 

40 

Birmingham, 

169 

36 

93 

79 

60 

116 

53 

The  delegates  then  assembled,  (4th  Nov.  1836,)  gave  notice  for  meetings  in  the 
several  school  districts  on  the  18th  Nov.  1836,  according  to  the  provisions  of  the 
7th  sect,  of  the  act  of  the  1st  of  April,  1834,  which  are  as  follows: — “And  the  peo¬ 
ple  of  said  districts,  when  so  assembled,  shall  be  organized  by  appointing  a  Chair¬ 
man;  and  the  Secretary  of  the  Board  of  School  Directors  of  the  proper  district  shall 
be  Secretary  of  the  said  meeting,  and  shall  record  the  proceedings  of  such  meeting 
in  the  book  of  minutes  of  the  said  Board;  or,  in  his  absence,  that  duty  shall  be  per¬ 
formed  by  some  other  Director  of  the  said  Board.  It  shall  be  the  duty  of  the  Board 


APPENDIX. 


809 


of  Directors  to  communicate  to  such  meeting  such  matters  in  reference  to  the  Com¬ 
mon  Schools  of  the  district  as  may  be  important,  which  may  be  considered  by  such 
meeting;  and  it  shall  be  in  the  power  of  said  meeting  to  decide,  by  a  majority*  of 
votes,  whether  they  will  raise,  for  the  current  year,  a  sum  in  addition  to  that  deter¬ 
mined  on  by  the  delegate  meeting  aforesaid,  to  be  applied  to  the  Common  Schools 
of  the  said  district;  and  if  such  meeting  shall  so  determine  to  raise  such  additional 
sum,  it  shall  be  the  duty  of  the  Secretary  to  certify  the  same  to  the  Supervisors  of 
the  Township,  or  the  Town  Council  of  the  Borough,  as  the  case  may  be,  whose 
duty  it  shall  be  to  add  the  same  as  an  increase  upon  the  assessment  or  tax  of  the  said 
district,  and  the  same  shall  be  collected  as  township  or  borough  rates  and  levies  are 
by  law  collected.  ” 

At  the  meetings  held  by  the  inhabitants  of  the  several  wards  of  the  city  of  Pitts¬ 
burgh,  on  the  18th  November,  1834,  it  was  decided  to  increase  the  amount  to  be 
raised  for  the  ensuing  school  year  to  the  sum  of  $8,838  00;  which  sum  was  appro¬ 
priated  by  ordinance  chap.  196,  passed  21st  of  February,  1835,  (see  ante,  p.  684,  and 
note  27,  appended  thereto,)  deducting  $538  00  for  appeals,  lost  taxes,  fees  of  col¬ 
lection,  tfcc.  The  collection  of  this  sum  was  audited  by  the  auditors  of  Allegheny 
county,  at  their  next  session,  according  to  the  provisions  of  the  21st  sect,  of  the  act 
of  the  1st  of  April,  1834,  and  the  following  report  made: — 


Dr.  Common  School  Fund  of  the  City  of  Pittsburgh.  Cr. 


Amt.  rec’d  by  N. 
Holmes,  Esq. 
treasurer  S.  F. 

State  ap¬ 
propria¬ 
tion. 

Amount  re¬ 
ceived  from 
collectors. 

Aggregate. 

Amt.  paid  by  N. 
Holmes,  treasu¬ 
rer,  viz. 

,  Amount  pd. 
to  order  of 
directors. 

Amount  of 
balance  in 
treasury. 

East  Ward, 
South  Ward, 
West  Ward, 
North  Ward, 

$231  96 
160  92 
154  56 

173  14 

$2182  00 
1495  74 
2853  00 
1796  00 

$2413  96 
1656  66 
3007  56 
1969  14 

East  Ward, 
South  Ward, 
West  Ward, 
North  Ward, 

$  700  00 
935  47 
1370  26 
1875  00 

$1713  96 
721  19 
1637  30 

94  14 

720  58 

*8326  74 

9047  32 

Amount  paid, 

4880  73 

4166  59 

4880  73 

if 

Aggregate, 

$9047  32 

According  to  the  provisions  of  the  19th  sect,  of  the  act  of  the  1st  of  April,  1834, 
the  secretary  of  the  commonwealth,  on  the  24th  of  February,  1836,  gave  notice  that 
the  sum  or  dividend  of  the  state  appropriation  out  of  the  common  school  fund,  to 
which  each  school  division,  (county,)  in  the  state  was  entitled,  for  the  year  1836, 
(exclusive  of  a  dividend  on  $100,000  due  to  the  school  fund  by  the  Bank  of  the 
United  States,  on  the  6th  of  June,  1836,  and  to  be  paid  after  that  day,)  was  as  fol¬ 
lows: — 


Counties. 

Amount. 

Adams, 

$1,235  07 

Allegheny, 

3,017  35 

Armstrong, 

968  09 

Beaver, 

1,240  42 

Bedford, 

1,309  40 

Bradford, 

991  93 

Berks, 

3,007  32 

Bucks, 

2,675  40 

Butler, 

828  32 

Counties. 

Amount. 

Chester, 

3,015  87 

Cumberland, 

1,574  70 

Columbia, 

1,037  92 

Centre, 

1,066  50 

Clearfield, 

262  94 

Crawford, 

894  36 

Cambria, 

337  22 

Delaware, 

1,070  93 

Dauphin, 

1,356  57 

*  In  this  amount  of  $8,326  74,  the  apportionment  of  the  several  wards  of  the 
city  of  the  $6500  00  directed  by  the  Convention  of  November,  1834,  is  not  inclu¬ 
ded;  the  aggregate  of  their  apportionment  is  $1552  36;  which  added  to  amount  of 
apportionment  of  the  different  boroughs  and  townships  in  the  county  will  make 
$6500  00. 

133 


APPENDIX. 


810 


Counties. 

Amount. 

Counties. 

Amount 

Erie, 

$845  15 

Northumberland, 

$1,055  60 

Franklin, 

1,796  67 

Philadelphia  city  and  county,  10,997  00 

Fayette, 

1,736  30 

Pike, 

Perry, 

262  94 

Greene, 

925  90 

878  43 

Huntingdon, 

1,476  54 

Potter, 

72  81 

Indiana, 

805  33 

Somerset, 

984  56 

Juniata, 

612  25 

Susquehanna, 

764  65 

Jefferson, 

104  94 

Schuylkill, 

800  32 

Lancaster, 

4,419  02 

Tioga, 

481  96 

Lebanon, 

1,050  29 

Union, 

1,111  90 

Lehigh, 

1,273  73 

Venango, 

568  92 

Luzerne, 

1,321  20 

Warren, 

271  19 

Lycoming, 

908  21 

Washington, 

2,397  73 

M’Kean, 

90  50 

Westmoreland, 

1,920  77 

Montgomery, 

2,429  56 

Wayne, 

407  09 

Mifflin, 

Mercer, 

Northampton, 

625  62 
1,028  77 
2,176  05 

York, 

2,513  27 

$75,000  00 

A  supplement  to  the  act  of  the  1st  of  April,  1834,  was  passed  on  the  15th  of  April, 
1835,  (see  Paraph.  Laws  of  Penn,  session  of  1834-35,  p.  365-67,)  according  to  the 
5th  sect,  of  which  the  portions  of  the  state  appropriation  intended  for  the  several 
districts  not  accepting  the  school  law,  are  to  remain  and  accumulate  in  the  treasury 
of  the  proper  county,  for  and  during  two  years  from  the  date  of  the  supplement,  for 
the  use  of  such  non-accepting  districts.  But  if  such  districts  shall  not,  within  two 
years,  accept  the  law,  then  such  accumulated  sum  shall  be  distributed  at  the  end  of 
that  time,  amongst  the  accepting  districts  in  the  respective  divisions. 

The  two  years  above  mentioned  will  expire  on  the  15th  of  April,  1837.  The  joint 
meeting  of  delegates  and  county  commissioners  held  on  the  2d  of  May,  1836,  de¬ 
termined  the  question  of  continuance  in  Allegheny  county — and  all  the  school  dis¬ 
tricts  of  the  county  having  accepted  the  school  law,  and  been  fully  organized  for 
school  purposes,  there  remained  no  occasion  for  entertaining  the  question  of  dis¬ 
tribution. 

As  the  subject  of  common  schools,  and  a  general  system  of  education,  is  of  great 
importance  to  the  city,  from  the  subject  itself,  as  well  as  the  large  amount  of  taxes 
to  be  levied  and  distributed  for  this  purpose,  the  publication  of  ihe  general  school  laio, 
in  this  edition  of  the  city  ordinances,  was  deemed  advisable.  See  ante,  p.  726-35, 
for  the  act  entitled  “An  act  to  consolidate  and  amend  the  several  acts  relative  to  a 
general  system  of  education  by  common  schools,”  passed  13th  June,  1836.  Pamph. 
Laws  of  Penn,  session  of  1835-36,  p.  525-34.  According  to  this  act,  and  in  addition 
to  the  two  ordinary  annual  state  appropriations  of  $75,000,  there  will  also  be,  on 
the  15th  of  April,  1837,  subject  to  distribution,  under  the  above  mentioned  provi¬ 
sions  of  the  5th  section  of  the  supplement  of  15th  April,  1835,  an  instalment  of  $100,000 
payable  by  the  Bank  of  the  United  States  to  the  common  school  fund  for  the  school 
year,  1836-7. 

The  general  act  of  the  13th  of  June,  1836,  is  the  only  school  law  now  in  force, 
and  by  it  the  school  year  is  to  end  on  the  first  Monday  of  June,  annually.  No  state 
taxes  were  levied  for  school  purposes  in  1836,  in  pursuance  of  a  joint  resolution  of 
the  legislature,  passed  on  the  10th  of  March,  1836.  See  Pamph.  Laws  of  Penn. 
session  of  1835-36,  p.  832.  The  distribution  of  the  school  fund,  for  the  present 
school  year,  ending  first  Monday  of  June,  1837,  has  been  published  by  the  secretary 
of  the  commonwealth;  and  the  following  table  shows  the  amount  which  each  coun¬ 
ty  will  receive  under  the  new  school  law,  of  the  13th  June,  1836,  including  the 
amount  to  be  paid  by  the  Bank  of  the  United  States.  It  is  understood  that  it  will 
be  transmitted  to  the  proper  district  treasurers  during  the  ensuing  month  of  Decem¬ 
ber,  1836,  if  proper  steps  shall,  before  that  time,  be  taken  by  the  county  commis¬ 
sioners  and  others  interested: — 


APPENDIX. 


811 


Counties . 

Amount. 

Adams, 

$3,345  20 

Allegheny, 

7,664  14 

Armstrong, 

2,947  68 

Bradford, 

3,056  46 

Beaver, 

3,440  48 

Bedford, 

3,050  62 

Berks, 

7,602  64 

Bucks, 

6,765  52 

Butler, 

2,798  14 

Cambria, 

1,237  86 

Crawford, 

3,343  20 

Clearfield, 

903  14 

Centre, 

3,046  10 

Chester, 

7,563  14 

Columbia, 

3,919  24 

Cumberland, 

3,914  94 

Dauphin, 

3,565  98 

Delaware, 

2,524  98 

Erie, 

3,937  60 

Franklin, 

4,570  76 

Fayette, 

3,945  36 

Greene, 

2,166  90 

Huntingdon, 

3,990  24 

Indiana, 

2,067  20 

Jefferson, 

883  96 

Juniata, 

1,336  92 

Pittsburgh,  November  24, 1836. 


Counties. 

Amount. 

Lancaster, 

$11,102  58 

Lebanon, 

2,865  10 

Lehigh, 

3,466  92 

Luzerne, 

2,948  24 

Lycoming, 

2,846  04 

M’Kean, 

318  52 

Mercer, 

3,363  98 

Mifflin, 

1,560  92 

Montgomery, 

6,337  22 

Northampton, 

5,963  36 

Northumberland, 

2,546  28 

Perry, 

1,904  70 

Pike, 

906  62 

Potter, 

359  96 

Philadelphia, 

25,623  54 

Somerset, 

2,355  94 

Susquehanna, 

2,325  52 

Schuylkill, 

3,042  86 

Tioga, 

1,673  56 

Union, 

2,817  20 

Venango, 

1,951  32 

Warren, 

1,035  86 

Washington, 

5,483  62 

Wayne, 

1,379  53 

Westmoreland, 

4,323  72 

York, 

6,188  66 

' 

. 


INDEX. 


ACADEMIES. 

Trustees,  &c.  of  all  academies,  schools  and  colleges,  having  received  aid 
from  the  state,  directed  to  report  the  number  of  students  in  each  class,  and  total 
number  of  graduates,  if  any,  course  of  studies  pursued,  financial  resources,  &c.  to 
the  superintendent  of  common  schools,  to  be  laid  before  the  legislature  in  his  annu¬ 
al  report,  &c.  790 

ACCOUNTS  OF  GAS  WORKS. 

Trustees  of  the  Pittsburgh  gas  works  to  keep  accurate  accounts  of  all  their  re¬ 
ceipts  and  disbursements,  and  report  the  same,  together  with  a  statement  of  their 
proceedings  to  the  councils,  annually,  in  the  month  of  January,  and  give  such  other 
information,  from  time  to  time,  as  may  be  required  of  them  by  the  select  or  com¬ 
mon  council,  688 

ACCOUNTS  OF  INSPECTORS,  &c. 

1.  Inspectors,  &c.  to  keep  fair  and  accurate  accounts,  &c.  See  title  “  Inspec¬ 

tion  of  Produce,”  and  also  act  of  assembly  entitled  “an  act  relating  to  inspections,” 
passed  15th  April,  1835,  and  the  several  supplements  thereto,  736-70 

2.  To  make  annual  reports  to  the  Auditor  General,  in  the  month  of  January, 

&c.  765 

ACTIONS  OF  DEBT. 

1.  Mayor  and  aldermen  of  the  city  of  Pittsburgh,  to  have  full  power  and  au¬ 

thority  to  recover  summarily,  or  by  action  of  debt,  as  the  case  may  be,  any  fines 
and  forfeitures,  inflicted  for  the  violation  of  any  of  the  city  ordinances,  which  have 
been,  or  may  be  hereafter  passed,  ordained  and  enacted,  by  the  city  councils,  for 
the  government  of  the  said  city,  provided  such  fines  and  forfeitures  do  not  exceed 
$100,  697-700 

2.  Persons  summarily  convicted,  or  against  whom  judgment  may  be  entered, 

in  any  penal  action  of  debt,  at  the  suit  of  the  mayor,  aldermen  and  citizens  of  Pitts¬ 
burgh,  before  the  mayor  or  any  of  the  aldermen,  may  appeal  from  such  conviction 
or  judgment,  within  ten  days  thereafter,  on  entering  bail  or  security,  approved  by 
the  mayor  or  alderman,  before  whom  the  said  proceedings  are  had,  697-700 

3.  Justices  of  the  peace  and  aldermen,  of  every  city,  borough  and  incorporated 
township  within  this  commonwealth,  to  have  full  power  and  authority  to  hear  and 
determine  all  actions  of  debt  for  penalty,  for  the  breach  of  any  ordinance,  by-law, 
or  regulation,  of  such  city,  borough,  or  township,  in  the  same  manner,  and  subject 
to  the  same  right  of  appeal ,  as  in  cases  of  debt,  under  $100;  and  all  such  actions 
shall  be  instituted  in  the  corporate  name  of  such  city,  township  or  borough,  697-700 

ACTS  OF  ASSEMBLY. 

1.  A  further  supplement  to  the  act  entitled  “an  act  to  incorporate  the  city  of 

Pittsburgh,  and  for  other  purposes,”  passed  on  the  15th  of  April,  1835,  Pamph.  Laws 
of  Penn .  session  of  1834-5,  697-99  1 

2.  Select  and  common  councils  of  Pittsburgh,  may,  whenever  they  deem  it 
necessary,  confer  upon  the  mayor  and  aldermen  of  Pittsburgh,  the  jurisdiction, 


814 


INDEX 


power  and  authority  to  recover  summarily,  or  by  penal  action,  as  the  case  may  bc; 
any  fines  and  forfeitures  inflicted  for  the  violation  of  the  provisions  of  any  ordi¬ 
nances  which  have  been  or  may  hereafter  be  enacted  and  ordained  by  the  said 
councils  for  the  government  of  the  said  city,  607 

3.  Provided ,  That  such  lines  and  forfeitures  do  not,  in  any  case,  exceed  the 

amount  of  $100,  697 

4.  Provided  also ,  That  in  all  summary  convictions  under  the  ordinances  of  the 

said  city,  where  fines,  forfeitures  or  imprisonment  are  inflicted,  the  person  or  per¬ 
sons  convicted  may  appeal  to  the  next  term  of  the  mayor’s  court  of  the  said  city, 
within  ten  days  after  conviction,  on  entering  security  approved  by  the  mayor  or  al¬ 
derman  before  'whom  the  conviction  has  been  entered,  697 

5.  Aldermen  and  justices  of  the  peace  of  every  city,  or  incorporated  township 

and  borough,  in  Pennsylvania,  to  have  power  to  hear  and  determine  all  actions  of 
debt,  for  penalty,  for  breach  of  any  ordinance,  by-law,  or  regulation  of  such  city, 
township  or  borough,  in  the  same  manner,  and  subject  to  the  same  right  of  appeal 
as  in  cases  of  debt  under  $100,  and  such  actions  to  be  instituted  in  the  corporate 
name  of  such  city,  township  or  borough,  697 

6.  All  children  who  may  be  deemed  by  the  officers  of  the  Orphan  Asylum  of 

Pittsburgh  and  Allegheny,  fit  objects  of  their  care  and  bounty,  may  be  bound  to  the 
society  by  any  overseer  of  the  poor,  father,  or  mother,  if  the  father  be  dead,  absent 
or  incompetent,  or  other  individual  having  authority  to  bind  the  same,  in  like  man¬ 
ner,  and  for  the  like  number  of  years,  as  is  prescribed  in  the  general  law  in  relation 
to  apprentices,  697 

7.  The  Orphan  Asylum  Society  of  Pittsburgh  and  Allegheny,  in  all  cases 

where  children  under  their  care  become,  in  the  opinion  of  its  officers,  of  proper  age 
and  qualifications  to  be  apprentices,  to  learn  some  occupation  not  taught  within  its 
walls,  shall  have  power,  under  its  official  seal,  and  by  and  with  the  consent  of  the 
child  or  children,  to  bind  them  to  suitable  persons  to  learn  such  trade,  calling  or  bu¬ 
siness  as  may  be  prescribed  in  the  indenture  of  apprenticeship,  697 

8.  The  3d,  4th,  5th  and  6th  sections  of  the  act  of  assembly,  entitled  “  an  act  re¬ 

lative  to  certain  streets,  alleys,  and  public  landings  in  the  county  of  Philadelphia, 
and  in  the  city  of  Pittsburgh,  and  for  other  purposes,”  passed  6th  of  April,  1833, 
ante ,  p.  606-8,  extended,  and  put  in  full  force  and  authority  as  to  the  opening  of 
Exchange  alley,  in  Pittsburgh,  from  Hand  street  to  Irwin’s  alley,  20  feet  wide,  ex¬ 
cepting  and  preserving  to  A.  L.  Kerr,  and  N.  W,  Prestley,  so  much  of  the  said 
alley  as  their  brick  buildings  now  stand  on,  so  long  as  the  said  buildings  do 
stand,  697-98 

9.  The  court  of  quarter  sessions  of  Allegheny  county,  on  being  petitioned,  au¬ 

thorized  to  grant  a  view  for  the  purpose  of  ascertaining  the  propriety  of  opening  and 
extending  Sixth  street  from  Grant  street  to  Coal  lane,  v  698 

10.  And  also,  Wylie  street  to  Grant  street,  or  some  other  street  within  the  city, 

to  be  designated  by  the  viewers  to  be  appointed  by  the  said  court,  698 

11.  And  also,  High  street  from  Coal  lane  to  the  Farmers  and  Mechanics’  turn¬ 
pike  road,  at  some  point  near  the  Fort  Pitt  glass  works,  698 

12.  Court  to  appoint  nine  discreet  and  disinterested  freeholders,  who,  after  be¬ 

ing  duly  sworn  or  affirmed,  shall,  together  with  the  commissioners  of  Allegheny 
county  for  the  time  being,  or  a  majority  of  them,  view  the  ground  proposed  to  be 
opened  for  the  said  streets,  69S 

13.  If  the  said  viewers,  or  any  ten  of  them,  view  the  said  ground,  and  any  seven 

of  them,  including  one  or  more  of  the  county  commissioners,  agree  that  there  is 
occasion  for  opening  the  said  streets,  they  shall  proceed  to  lay  out  the  same  as 
agreeably  to  the  prayer  of  the  petitioners  as  may  be,  698 

14.  To  be  laid  out,  however,  in  such  manner  as  to  do  the  least  injury  to  pri 

vale  property — and  the  viewers  to  report  their  proceedings  to  the  next  court  of 
quarter  sessions — and  if  the  said  court  shall  approve  the  same  it  shall  be  entered 
on  record,  and  thenceforth  such  streets  shall  be  deemed,  taken  and  allowed  to  be 
public  streets  and  highways,  698 

15.  The  said  viewers,  or  any  seven  of  them,  shall  enquire  what  damages  any 

individual  or  individuals  shall  or  may  sustain,  by  opening  and  extending  the  said 
streets  and  highways  and  shall  make  a  fair  estimate  of  the  same,  698 

16.  The  said  viewers  shall  also  enquire  to  whom  the  opening  of  the  said  streets 


INDEX. 


815 


and  highways  shall  be  a  benefit,  and  shall  apportion  and  assess  the  amount  of  da¬ 
mages  so  found,  upon  and  among  the  said  individuals  so  benefited,  fairly  and  equi¬ 
tably,  in  proportion  to  the  benefit  received  therefrom,  and  the  value  of  their  pro¬ 
perty  adjacent  to  the  said  streets  and  highways,  698 

17.  The  said  viewers  shall  file  the  said  apportionment  and  assessment  in  the 

court  of  quarter  sessions  of  Allegheny  county;  and  on  the  same  being  approved  by 
the  said  court,  it  shall  be  entered  and  recorded  at  large  upon  the  docket  thereof, 
and  shall  bind  and  conclude  all  parties  owning,  or  claiming  to  own  the  property 
adjudged  by  the  said  viewers  to  be  so  benefited,  by  the  opening  of  the  said  streets 
and  highways,  698 

18.  All  such  sums  so  assessed  and  apportioned  shall  be  and  remain  a  lien  upon 

the  property  adjacent  to  the  said  streets  and  highways  of  the  owners  so  adjudged 
to  be  benefited,  as  aforesaid,  until  the  same,  together  with  the  costs  shall  have 
been  paid  or  tendered  to  the  individual  or  individuals  entitled  to  receive  the 
same,  699 

19.  If  any  individual  or  individuals,  assessed  for  contribution  as  aforesaid  shall 

neglect  or  refuse,  after  sixty  days  notice  of  the  approval  by  the  court  of  quarter  ses¬ 
sions,  and  a  demand  made,  to  pay  the  sum  assessed  and  apportioned  to  be  paid  by 
him  or  them,  the  said  court  shall  and  may,  at  any  time  after  the  expiration  of  the 
said  sixty  days,  issue  a  scire  facias  on  the  said  lien  or  liens,  699 

20.  Such  scire  facias  to  issue  in  the  name  of  the  commonwealth,  for  the  use  of 

such  individual  or  individuals,  against  such  persons  as  shall,  after  notice  aforesaid, 
neglect  or  refuse  to  pay  the  sum  assessed  and  apportioned  on  him  or  them,  com¬ 
manding  him  or  them  to  appear  before  the  said  court  on  a  day  certain,  therein  to 
be  named,  699 

21.  The  defendant  or  defendants,  to  such  scire  facias ,  then  and  there  to  show 
cause  why  the  amount  of  the  said  assessment  and  apportionment  should  not  be  le¬ 
vied  o’f  his  goods  and  chattels,  lands  and  tenements,  with  the  costs  thereof,  699 

22.  The  said  court  of  quarter  sessions,  unless  sufficient  cause  be  shown,  shall, 

and  they  are  duly  authorized  to  issue  an  execution,  and  levy  the  same,  in  the  same 
manner  that  judgments  in  civil  actions  are  levied,  699 

23.  As  soon  as  the  costs  and  damages  so  assessed  and  apportioned  shall  be  paid, 

and  tendered  to  the  individual  entitled  to  receive  the  same,  the  court  of  quarter 
sessions  shall  order  the  said  streets  and  highways  to  be  opened;  and  they  shall 
thenceforth  be  subject  to  the  same  rules  and  regulations  as  other  streets  and  high¬ 
ways,  in  the  said  city  and  county  are  subject,  699 

24.  The  costs  of  viewing,  assessing  and  apportioning  the  damages,  &c.  and  of 

opening  the  said  streets,  to  be  regulated  in  the  same  manner  as  the  costs  of  similar 
proceedings  under  the  laws  of  this  commonwealth,  for  making  and  repairing  of 
roads,  &c.  699 

25.  Act  of  assembly  passed  on  the  26th  of  December,  1833,  entitled  “  a  supple¬ 

ment  to  an  act  incorporating  the  city  of  Pittsburgh,  passed  the  18th  day  of  March, 
1816.”  Paraph.  Laics  of  Penn,  session  of  1833-34,  p.  4-5.  702-4 

26.  City  councils,  on  the  1st  Tuesday  of  January,  1834,  and  yearly  thereafter, 

to  meet  together  and  divide  the  city  of  Pittsburgh  into  four  wards  or  districts,  so  as 
to  make  the  number  of  taxable  inhabitants  of  each  ward  of  the  city,  as  nearly  equal 
as  may  be,  702 

27.  The  councils,  for  the  time  being,  authorized  and  required  to  fix  the  places 

of  holding  all  general  and  city  elections,  for  the  said  wards,  at  such  houses  within 
the  bounds  of  the  respective  wards,  and  not  elsewhere,  and  to  change  the  same  as 
often  as  public  convenience  may  require,  702-3 

28.  Not  to  be  lawful  for  any  of  the  inhabitants  of  the  city  to  vote  at  any  of  the 

said  general  and  city  elections,  except  within  the  wards  in  which  they  severally 
reside,  703 

29.  City  elections  to  be  held  on  the  second  Tuesday  of  January,  annually,  and 

the  freemen  of  each  ward  of  the  city,  qualified  to  vote  for  members  of  the  house  of 
representatives  of  this  commonwealth,  to  elec1,by  ballot,  one  person  in  each  ward, 
qualified  to  serve  as  members  of  the  house  of  representatives  of  this  commonwealth, 
to  be  members  of  the  select  council,  to  serve  for  three  years,  and  five  persons,  qua¬ 
lified  as  aforesaid,  from  each  ward,  to  serve  as  members  of  the  common  council,  to 
serve  for  one  year,  703 


816 


INDEX. 


30.  Mayor  to  be  elected  by  ballot,  by  the  qualified  voters  of  the  city,  on  the 

second  Tuesday  of  January  annually,  either  from  the  body  of  aldermen,  or  from  the 
citizens  qualified  to  be  elected  members  of  the  house  of  representatives  of  this  com¬ 
monwealth,  703 

31.  Duty  of  the  mayor,  thus  elected,  to  promulgate  the  by-laws,  rules  and  or¬ 

dinances  of  the  corporation,  and  specially  to  attend  to  the  due  execution  and  ful¬ 
filment  of  the  same,  703 

32.  Mayor  entitled  to  receive,  hold  and  enjoy  all  the  emoluments,  which  by 

the  laws  and  ordinances  of  the  corporation  may  now,  or  hereafter  be  annexed  or 
attached  to  the  office  of  mayor,  703 

33.  Mayor  elect  to  take  a  solemn  oath  or  affirmation,  before  the  president,  or 

an  associate  judge  of  the  court  of  common  pleas  of  Allegheny  county,  or  the  re¬ 
corder  of  the  city  for  the  time  being,  well  and  faithfully  to  execute  the  office  of 
mayor  of  the  said  city,  703 

34.  After  being  qualified  the  mayor  shall,  without  any  other  or  further  com¬ 

mission,  enter  upon  the  duties  of  his  office,  and  shall  continue  in  office  until  a  suc¬ 
cessor  shall  be  duly  elected  and  qualified,  703 

35.  In  cases  of  the  death,  resignation  or  removal  of  the  mayor  or  other  vacancy 

in  the  office,  such  vacancy  shall  be  filled  by  a  new  election,  for  the  remainder  of 
his  term  in  office,  by  the  city  councils,  within  fifteen  days  thereafter,  and  at  least 
ten  days  notice  shall  be  given  in  the  public  newspapers  of  the  city,  of  the  time  of 
holding  the  same,  703 

36.  No  member,  for  the  time  being,  of  the  select  or  common  council,  shall  be 

eligible  to  the  office  of  mayor,  703 

37.  So  much  of  the  second  section  of  the  act  of  incorporation,  passed  18th  of 

March,  1816,  as  relates  to  the  classification  of  the  members  of  the  select  councils, 
(ante,  p.  10,)  so  altered,  as  that  the  seats  of  the  first  class  shall  be  vacated  on  the 
first  Tuesday  of  January,  1834,  as  hereinbefore  provided,  703-4 

38.  The  seats  of  the  second  class,  whose  seats  will  be  vacated  on  the  first 

Tuesday  of  January,  1835,  to  be  filled  by  the  election  of  four  persons,  as  hereinbe¬ 
fore  provided,  704 

39.  The  seats  of  the  third  class,  whose  seats  will  be  vacated  on  the  first  Tues¬ 

day  of  January,  1836,  shall  be  filled  by  the  election  of  four  persons,  as  hereinbefore 
provided  for,  704 

40.  For  the  act,  supplementary  to  the  act  incorporating  the  city  of  Pittsburgh, 

of  the  18th  March,  1816,  changing  the  mode  of  electing  the  mayor,  &c,  passed  26th 
December,  1833,  see  702-4 

41.  All  acts  or  parts  of  acts  of  assembly  relating  to  the  city  of  Pittsburgh,  to 

be  collected  and  published  in  pamphlet  form,  under  the  direction  of  the  presidents  of 
the  councils  and  recorder  of  the  city,  along  with  the  laws,  ordinances  and  regula¬ 
tions  passed  by  the  councils  since  the  27th  May,  1833,  705 

42.  To  be  annually  collected  and  published  in  pamphlet  form,  in  the  same 

manner  as  the  city  ordinances  are  collected  and  published,  so  far  as  they  specially 
relate  to  the  city,  705 

43.  Duquesne  Way  to  be  laid  out  from  the  eastern  boundary  of  the  city,  along 

the  Allegheny  river,  to  Water  street,  according  to  the  several  provisions  of  the  act 
of  assembly  of  the  31  st  of  March,  1836,  770-73 

ACTS  OF  CONGRESS. 

1.  Act  of  congress,  entitled  “an  act  to  continue  the  mint  at  Philadelphia,  and 

for  other  purposes,”  passed  19th  May,  1828,  723-4 

2.  Brass  troy  pound  weight  in  the  mint  of  the  United  States,  procured  at  Lon¬ 
don,  in  1827,  to  be  the  standard  of  troy  weight,  723 

3.  Duty  of  the  director  of  the  mint  to  keep  the  standard  weights,  and  have 

them  properly  regulated  at  least  once  a  year,  723-4 

4.  Resolution  of  congress,  entitled  a  resolution  providing  for  the  distribution 

of  weights  and  measures,”  passed  14th  of  June,  1836,  790-91 

5.  Secretary  of  the  treasury  of  the  U.  S.  directed  to  cause  a  complete  set  of  all 
the  weights  and  measures  adopted  as  standards,  and  now  either  made,  or  in  the  pro¬ 
gress  of  manufacture  for  the  use  of  the  several  custom-houses,  to  be  delivered  to  the 
governor  of  each  state  in  the  Union,  or  such  person  as  he  may  appoint,  for  the  use 


INDEX. 


817 


of  the  states  respectively)  to  the  end  that  a  uniform  standard  of  weights  and  mea¬ 
sures  may  be  established  throughout  the  states,  790-91 

ALDERMEN. 

1.  Whenever  the  councils  may  deem  it  necessary,  they  may  confer  upon  the 

aldermen  of  the  city  the  jurisdiction,  power  and  authority,  to  recover  summarily, 
or  by  penal  action,  as  the  case  may  be,  any  fines  and  forfeitures,  inflicted  for  the 
violation  of  any  ordinances  which  have  been  or  may  hereafter  be  passed  and  enact¬ 
ed  by  the  councils,  for  the  government  of  the  city,  provided  such  fines  and  forfeit¬ 
ures  do  not  exceed  the  amount  of  $100,  697 

2.  Persons  convicted  before  the  mayor  or  any  of  the  aldermen  of  the  city,  may 

appeal  therefrom  to  the  next  term  of  the  mayor’s  court,  within  ten  days  after  such 
conviction,  on  entering  security  to  prosecute  the  said  appeal,  approved  of  by  the 
mayor  or  alderman  before  whom  the  conviction  is  entered,  697 

3.  Aldermen  and  justices  of  the  peace,  of  every  city,  incorporated  township 

and  borough,  in  this  commonwealth,  to  have  full  power  to  hear  and  determine  all 
actions  of  debt,  for  penalty,  for  the  breach  of  any  ordinance,  by-law,  or  regula¬ 
tion  of  such  city,  borough,  or  township,  in  the  same  manner,  and  subject  to  the 
same  right  of  appeal,  as  in  cases  of  debts  under  one  hundred  dollars,  and  all 
such  actions  shall  be  instituted  in  the  corporate  name  of  such  city,  towmship  or 
borough,  697-700 

4.  To  be  members  of  the  sanitary  board,  and  to  be  so  classed,  that  three  of 

them  shall  serve  for  one  month,  and  then  be  replaced  by  another  class,  660 

5.  Aldermen  and  mayor  authorized  to  recover,  either  summarily,  by  convic¬ 

tion,  or  by  penal  action,  any  fines  or  forfeitures  imposed  for  the  violation  of  any  of 
the  provisions  of  any  of  the  city  ordinances, &c.  700 

6.  The  aldermen  and  mayor,  or  either  of  them,  authorized  to  collect,  either 

by  summary  conviction,  or  action  of  debt,  the  fine  imposed  on  all  persons  for  riding, 
driving  or  leading  any  horse,  or  other  animal,  within  the  space  enclosed  by  chains, 
at  the  Diamond  market  house,  on  market  days,  &c.  702 

7.  Aldermen  and  mayor  of  the  city  vested  with  full  power,  in  cases  of  con¬ 

viction,  under  any  of  the  city  ordinances  which  impose  a  fixed  penalty,  to  fine 
from  one  dollar  up  to  the  sum  or  sums  so  fixed,  as  the  equity  of  the  case  may  re¬ 
quire,  725 

8.  Their  duties  under  the  inspection  laws  of  the  state,  &c.  See  title  “  Inspec¬ 

tion  of  Produce.”  and  also  act  of  assembly  entitled  “  an  act  relating  to  inspections,” 
passed  15th  April,  1835,  and  the  several  supplements  thereto,  736-70 

9.  No  person  to  be  entered  on  the  poor  book,  or  be  relieved  without  an  order 

from  some  two  aldermen  or  justices  of  the  peace,  779 

10.  Consent  of  two  aldermen  or  justices  of  the  peace  necessary  to  the  binding 

out  of  poor  children  as  apprentices  by  the  overseers  of  the  poor,  779 

11.  Overseers  aggrieved  by  the  refusal  of  any  alderman  or  justice  to  make  an 

order  of  removal,  may  appeal  to  the  next  court  of  quarter  sessions,  783 

12.  Aldermen  and  justices  may  issue  warrants  of  apprehension,  in  cases  of  de¬ 
sertion  by  husband  or  wife,  783 

13.  Their  duty,  in  such  cases,  to  require  security.from  the  parties  for  their  ap¬ 
pearance  at  the  next  court  of  quarter  sessions,  784 

14.  Aldermen  and  justices  of  the  peace  to  make  a  record  of  every  fine,  &c.  re¬ 
ceived  for  the  poor,  and  to  deliver  transcripts  thereof  to  the  constables,  &c.  785 

15.  Penalty  on  aldermen  and  justices  for  failing  to  perform  that  duty,  or  to  pay 

over  moneys,  785-6 

16.  Overseers  to  demand  from  aldermen  and  justices  the  amount  of  all  such 

fines  as  are  imposed  by  them,  for  the  use  of  the  poor,  786 

17.  Any  person  aggrieved  by  the  judgment  of  any  alderman  or  justice,  under 

the  poor  laws,  may  appeal  to  the  next  court  of  quarter  sessions,  whose  decision 
shall  be  final,  787 


ALLEGHENY  BOROUGH. 

Inspector  of  salt  to  be  appointed  in  said  borough,  by  the  town  council,  &c. 
See  title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act  re 


818 


INDEX. 


lating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

ALLEGHENY  RIVER. 

1.  The  junction  of  the  Allegheny  and  Monongahela  rivers,  at  the  public  float, 

designated  as  a  place  of  deposit  for  filth,  &c.  and  no  deposit  thereof  to  be  made  at 
any  other  place,  within  the  city,  under  the  penalty  of  ten  dollars  for  each  and  every 
such  offence,  663 

2.  A  public  street  or  highway,  to  be  called  Duquesne  Way,  to  be  laid  out,  on 

the  bank  of  the  Allegheny  river,  and  opened  from  the  eastern  boundary  of  the  city 
to  Water  street,  forty  feet  wide,  at  a  grade  of  not  more  than  four  feet  below  the 
level  of  Penn  street,  770-71 

ALLEYS  AND  LANES. 

1.  All  the  streets  and  alleys  that  cross  and  intersect  the  streets  and  alleys  de¬ 

clared  to  be  permanently  graded  by  ordinance,  chap.  221,  passed  26th  March,  1836, 
to  be  graded  so  as  to  conform  with  the  several  grades  therein  mentioned,  716 

2.  Exchange  alley  to  be  opened  16  feet  wide,  through  the  block  of  lots  on  Li¬ 

berty  and  Penn  streets,  from  St.  Clair  street  to  Irwin  street,  according  to  the  terms 
and  conditions  of  the  act  of  assembly,  of  the  11th  of  April,  1835,  719 

ALPHABETICAL  LISTS. 

1.  Duty  of  the  assessor  and  register  of  the  water  rents,  annually,  in  the  month 

of  April,  and  as  soon  after  the  first  of  April  as  possible,  to  make  out  and  prepare  a 
correct  alphabetical  list  of  the  names  of  all  persons  using  the  hydrant  water,  desig¬ 
nating  the  streets  and  alleys  in  which  they  reside,  the  number  of  the  buildings  they 
respectively  occupy,  as  far  as  practicable,  the  name  or  names  of  the  owner  or  owners 
of  the  building  so  occupied,  the  trade  or  occupation  of  the  person  being  the  principal 
renter  or  occupant  of  said  house,  and  the  amount  of  the  water  rent  wherewith  each 

individual  may  be  assessed,  or  is  entitled  to  pay  for  the  current  year,  680 

2.  Such  alphabetical  list  when  so  made,  prepared,  and  completed,  to  be  laid 

before  the  water  committee,  by  the  assessor  and  register  of  the  water  rents,  for  their 
examination  and  correction,  680 

3.  When  such  alphabetical  list,  shall  be  examined  and  corrected  by  the  water 

committee,  it  shall  be  approved  by  them,  in  writing,  680 

4.  Duty  of  the  assessor,  &c.  to  enter  a  correct  copy  of  the  said  alphabetical 

list  in  a  book  of  record  to  be  kept  by  the  water  committee  for  that  purpose,  at  their 
office,  which  shall  be  open  at  all  seasonable  times,  to  the  inspection  of  the  members 
of  the  councils,  if  required,  680 

5.  Duty  of  the  assessor,  &c.  when  the  said  annual  alphabetical  list  of  water 

rents  is  completed,  and  approved  in  writing  by  the  water  committee,  to  deliver  the 
same  forthwith  to  the  collector  of  the  city  taxes,  who  shall  forthwith  proceed  to  col¬ 
lect  the  same,  680 

APPEALS. 

1.  Persons  summarily  convicted  before  the  mayor  or  aldermen,  for  fines  or  for¬ 

feitures  imposed  for  the  violation  of  any  of  the  city  ordinances,  may  appeal  from 
such  conviction  to  the  next  mayor’s  court,  within  ten  days  after  conviction,  on  en¬ 
tering  security  approved  by  the  mayor  or  alderman  before  whom  the  conviction 
was  entered,  697 

2.  In  all  cases  of  summary  conviction,  under  the  city  ordinances,  where  fines, 

forfeitures  or  imprisonment  are  inflicted,  the  person  or  persons  convicted  may  ap¬ 
peal  to  the  next  term  of  the  mayor’s  court,  within  ten  days  after  conviction,  on  en¬ 
tering  security  approved  of  by  the  mayor  or  alderman  before  whom  the  conviction 
has  been  entered,  697-700 

3.  The  aldermen  and  justices  of  the  peace  of  every  city,  incorporated  town¬ 
ship  and  borough  in  this  commonwealth  shall  have  full  power  and  authority  to  hear 
and  determine  all  actions  of  debt,  for  penalty,  for  the  breach  of  any  ordinance,  by¬ 
law,  or  regulation  of  such  city,  township,  or  borough,  in  the  same  manner,  and  sub¬ 
ject  to  the  same  right  of  appeal,  as  in  cases  of  debts  under  $100;  and  such  actions 
shall  b^  instituted  in  the  corporate  name  of  such  city,  township  or  borough,  697-700 


INDEX. 


819 


4.  Persons  aggrieved  by  any  order  of  removal,  may  appeal  to  the  next  court 

of  quarter  sessions,  who  shall  finally  determine  the  same,  781 

5.  In  order  to  prevent  vexatious  appeals  the  court  of  quarter  sessions  may  or¬ 
der  and  direct  costs  and  charges  to  be  paid  by  delinquent  appellants,  &c.  781-2 

6.  Persons  aggrieved  by  the  refusal  of  a  magistrate  to  grant  the  necessary  order 

of  removal,  of  a  pauper,  &c.  may  appeal  to  the  next  court  of  quarter  sessions,  whose 
decision  shall  be  final,  783 

7.  Persons  aggrieved  by  the  judgment  of  any  magistrate,  under  the  poor  laws, 
may  appeal  to  the  next  court  of  quarter  sessions,  whose  decision  shall  be  final,  787 

8.  Parties  dissatisfied  with  the  trial  of  any  civil  or  criminal  case,  jn  the  Dis¬ 

trict  Court  of  Allegheny  county,  wherein  the  city  of  Pittsburgh  is  directly  or  in¬ 
directly  interested,  may  appeal  to  the  Supreme  Court,  on  entering  into  recogni¬ 
sances,  &c.  according  to  the  special  directions  of  the  act  of  assembly  of  the  16th 
of  June,  1836,  778 

APPEALS  FROM  INSPECTORS. 

See  Title  “Inspection  of  Produce,’’  and  also  act  of  assembly,  entitled  “an 
act  relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements 
thereto,  736-70 

APPRENTICES. 

1.  All  children  who  may  be  deemed  by  the  officers  of  the  Orphan  Asylum  of 
Pittsburgh  and  Allegheny,  fit  objects  of  their  care  and  bounty,  may  be  bound  to  the 
said  society,  by  the  overseers  of  the  poor,  the  father  or  mother,  if  the  father  be 
dead,  absent,  or  incompetent,  or  by  any  other  individual  having  authority,  697 

2.  Which  persons  are  authorized  to  bind  such  children  to  the  said  society,  in 

like  manner,  and  for  the  like  number  of  years,  as  is  prescribed  in  the  general  law 
in  relation  to  apprentices;  and  the  said  society  shall,  in  such  indentures,  come  under 
the  obligations  usual  in  such  cases,  697 

3.  The  said  society,  in  all  cases,  where  children  under  their  care  become,  in 

the  opinion  of  its  officers,  of  proper  age  and  qualifications  to  be  apprentices,  to 
learn  some  occupation  not  taught  within  its  walls,  shall  have  the  power,  under  its 
official  seal,  and  by  and  with  the  consent  of  the  child,  to  bind  them  to  suitable  per¬ 
sons,  to  learn  such  trade,  calling  or  business,  as  may  be  prescribed  in  the  indenture 
of  apprenticeship,  697 

4.  It  shall  be  lawful  for  the  overseers  of  every  district,  with  the  approbation  and 

consent  of  any  two  or  more  magistrates  of  the  same  county,  to  put  out  as  appren¬ 
tices  all  poor  children  whose  parents  are  dead,  or  by  the  said  magistrates  found  to 
be  unable  to  maintain  them,  so  as  that  the  time  or  term  of  years  of  such  apprentice¬ 
ship,  if  a  male,  do  expire  at  or  before  the  age  of  twenty-one  years,  and  if  a  female, 
at  or  before  the  age  of  eighteen  years,  779 

APPROPRIATIONS. 

1.  Appropriation  of  the  city  taxes,  for  the  year  1834 — $51,994  44,  669-70 

2.  Five  hundred  dollars  appropriated  for  the  redemption  of  all  city  bills  yet  in 

circulation,  and  the  interest  due  thereon,  to  be  paid  on  demand,  at  the  city  treasu¬ 
rer’s  office,  at  any  time  before  the  1st  of  April,  1835,  679 

3.  Amount  of  appropriations,  for  the  year  1835,  $129,532  39,  682-4 

4.  The  sum  of  $3235  53  appropriated  for  the  purpose  of  extinguishing  the 

debts  due  by  the  several  engine  and  hose  companies,  and  to  meet  their  current  ex¬ 
penses  for  the  year  1835,  691 

5.  Further  appropriation  of  $1070,  appropriated  to  pay  the  debts  of  the  Vigi¬ 
lant  fire  and  hose  company,  payable  on  the  1st  of  July,  1835,  692 

6.  An  annual  appropriation  of  $1100,  to  be  made  hereafter,  for  the  use  of  the 

several  fire  engine  and  hose  companies,  payable  on  the  first  day  of  October,  annu¬ 

ally,  693 

7.  The  damages  incurred  by  the  property  holders,  injured  in  consequence  of 

the  opening  and  extending  of  certain  public  streets  and  highways  within  the  city, 

according  to  the  provisions  of  the  act  of  assembly  of  the  15th  of  April,  1835,  to  be 
apportioned  among  and  assessed  upon  the  holders  of  property  benefited  thereby, 
lying  adjacent  to  such  streets  and  highways,  699 


820 


INDEX. 


8.  Appropriation  and  assessment  of  the  city  taxes,  for  the  year  1836,  $84,198 
98,  707 

ASHES,  POT  AND  PEARL. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an 
act  relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements 
thereto,  736-70 

ASSESSMENTS. 

1.  Assessment  and  appropriation  of  the  city  taxes,  for  the  year  1834,  $51,994 

41,  669-70 

2.  Assessment  and  appropriation  of  the  city  taxes,  for  the  year  1835,  $22,000, 

for  city  purposes,  and  $8,000  for  the  support  of  common  schools,  682-3 

3.  Assessment  and  appropriation  of  the  city  taxes,  for  the  year  1836,  $84,198 

98,  709-10 

4.  The  damages  incurred  by  the  individual  holders  of  property,  injured  in 

consequence  of  the  opening  and  extension  of  certain  public  streets  and  highways 
within  the  city,  according  to  the  provisions  of  the  act  of  assembly  of  the  15th  of 
April,  1835,  to  be  assessed  upon  and  apportioned  among  the  holders  of  property 
benefited  thereby,  lying  adjacent  to  such  streets  and  highways,  699 

ASSESSMENT  OF  DAMAGES. 

1.  Duquesne  Way  not  to  be  opened  as  a  public  street  and  highway,  or  used  as 
a  public  landing,  until  all  the  provisions,  provided  for  the  assessment  and  payment 
of  damages,  and  compensating  the  owners  of  lots,  shall  have  been  first  fully  com¬ 
plied  with,  771 

ASSESSOR  OF  DOG  TAX. 

Mayor  authorized  to  appoint  an  assessor  of  persons  owning  dogs  within  the 
city,  who  shall  perform  that  duty  under  oath,  and  make  a  correct  return  of  his  as¬ 
sessment,  annually,  in  the  month  of  March,  to  the  city  treasurer;  for  which  service 
he  shall  be  allowed  a  compensation  of  $75  annually,  797 

ASSESSOR  OF  CITY  TAXES. 

The  salary  of  the  city  assessor  fixed  at  one  hundred  dollars  per  annum,  payable 
quarterly,  by  warrants  to  be  drawn  by  the  mayor  on  the  city  treasury,  709 

ASSESSORS  OF  COUNTY  TAX. 

To  furnish  the  school  directors,  on  demand,  with  a  correct  copy  of  the  last  ad¬ 
justed  valuation  of  their  several  districts,  for  county  purposes,  &c.,  727 

ASSESSOR  AND  REGISTER  OF  WATER  RENTS. 

1.  His  duty  to  prepare  and  make  out  a  correct  alphabetical  list  of  the  names  of 

all  persons  using  the  hydrant  water,  in  the  month  of  April,  annually,  680 

2.  To  designate  in  such  list  the  streets  and  alleys  in  wrhich  such  persons  reside, 
and  the  number  of  the  building  they  occupy,  as  far  as  the  same  is  practicable,  680 

3.  Also,  to  designate  the  name  of  the  owner  or  owners  of  the  buildings  or 

premises  so  occupied,  the  trade  or  occupation  of  the  person,  being  the  principal  oc¬ 
cupier  of  each  house,  and  the  amount  of  water  rents  wherewith  each  individual 
may  be  assessed  or  is  entitled  to  pay  for  the  current  year,  680 

4.  To  deliver  such  alphabetical  list,  when  completed,  to  the  water  committee, 

for  their  examination  and  correction;  and  when  the  same  shall  be  so  examined  and 
corrected,  and  approved  of  by  the  water  committee  in  writing,  to  enter  the  same  at 
large  in  a  book  of  record,  to  be  kept  by  the  water  committee,  for  that  purpose,  at 
their  office,  680 

5.  Duty  of  the  assessor  and  register  of  the  water  rents,  when  the  annual  alpha¬ 

betical  list  of  water  rents  is  made  out  and  approved  of  by  the  water  committee  in 
writing,  to  deliver  the  same  forthwith  to  the  collector  of  the  city  taxes,  680 

6.  Duty  of  assessor,  &c.  on  receiving  the  report  of  delinquents  from  the  col¬ 
lector,  immediately  to  give  notice  in  writing,  to  all  such  delinquents,  that  if  the  wa¬ 
ter  rent  be  not  paid  in  two  weeks  thereafter,  they  will  be  deprived  of  the  use  of  the 


INDEX. 


821 


water,  and  that  suit  will  be  brought  against  them  for  the  recovery  of  such  rent,  to¬ 
gether  with  all  accruing  costs  and  charges,  681 

7.  Assessor,  &c.  directed  to  make  report  in  writing,  on  the  first  Monday  in 

September  in  each  year,  of  rent  and  charges  due  by  each  delinquent,  681 

8.  Duty  of  the  assessor,  &c.  to  deliver  the  said  list  of  delinquents,  to  the  super¬ 
intendent  of  the  water  works,  681 

9.  His  duty  to  cause  suits  to  be  instituted  before  the  mayor  or  any  of  the  aider- 

men  of  the  city,  against  all  delinquents,  for  the  recovery  of  the  water  rents,  and 
all  costs  and  charges  of  detaching  the  ferule,  repairing,  &c.,  together  with*  ten  per 
cent,  on  the  whole  amount,  as  a  penalty  for  such  delinquency,^  J  681 

10.  When  such  water  rents,  costs  and  charges,  are  so  recovered,  the  assessor, 

&c.  shall  receive  and  pay  the  same  over  to  the  city  treasurer:  the  said  register,  &c. 
to  give  bond  in  the  sum  of  $2000  with  security,  satisfactory  to  the  water  company, 
before  entering  upon  the  duties  of  his  office,  681 

11.  The  assessor  and  register  of  the  water  rents,  to  receive  for  his  services  an 

annual  salary  of  $300,  payable  quarterly,  by  warrants  to  be  drawn  by  the  mayor 
on  the  city  treasury,  682 

12.  His  duty  to  grant  permits  to  use  the  hydrant  water  for  building  purposes, 

to  all  persons  desiring  the  use  thereof,  who  are  not  in  arrears  for  water  tax,  upon 
the  terms  and  conditions  specified  in  the  joint  resolution  of  councils,  of  the  18th 
March,  1836,  794 

ASSISTANTS. 

1.  Assistants  to  be  appointed  by’the  sanitary  board,  for  each  district  of  the  city, 

to  examine  daily  for,  and  report  to  the  board  or  the  mayor,  all  existing  nuisan¬ 
ces,  659 

2.  Compensation,  per  diem,  of  all  assistants  to  be  fixed  by  the  sanitary  board, 

to  be  paid  by  warrants  to  be  drawn  by  the  mayor  on  the  city  treasury,  659 

3.  Duty  of  the  assistants  in  all  cases  of  mouldy  vaults,  cellars,  privies,  and  all 

other  existing  nuisances,  as  well  in  the  streets  and  alleys  as  on  the  shores  of  the 
rivers,  659 

AUCTIONS  AND  AUCTIONEERS. 

1.  One  of  the  commissioned  auctioneers  of  the  city  to  be  employed  by  the  city 

treasurer  to  sell  at  public  outcry  or  auction,  the  remaining  585  shares  of  stock  in 
the  Pittsburgh  gas  works,  695 

2.  Auctioneer  to  set  up  to  sale,  by  public  outcry,  one  share  of  said  stock, 

which  shall  be  disposed  of  to  the  highest  and  best  bidder,  who  shall  have  the  privi¬ 
lege  of  taking  the  said  one  share,  or  more,  not  exceeding  twenty  shares,  at  the  price 
bid  for  the  same,  695 

3.  Auctioneer  not  to  accept  of  any  bid,  at  less  than  the  par  value  of  the  said 

stock,  695 

4.  Auctioneer  to  render  a  full  and  correct  statement  of  the  sale  of  the  said 

stock,  under  oath  or  affirmation,  to  the  select  and  common  councils,  at  their  next 
meeting  after  closing  said  sale,  695 

5.  And  shall  declare,  to  the  best  of  his  knowledge  and  belief,  that  the  said  sale 

of  stock  in  the  Pittsburgh  gas  works,  has  been  fairly  and  honestly  conducted,  with¬ 
out  any  collusion  between  him,  the  said  auctioneer,  and  any  person  or  persons, 
otherwise  than  by  the  means  authorized  by  ordinance,  %  695 

6.  A  fine  or  penalty  of  ten  dollars,  to  be  recovered  before  the  mayor  or  any 

of  the  aldermen  of  the  city,  imposed  on  all  persons  exposing  for  sale  any  carriage 
or  carriages,  horses,  cattle,  or  animals  of  any  description,  in  or  upon  any  of  the  pub¬ 
lic  squares,,  streets,  lanes  or  alleys  of  the  city,  690 

BARRELS  AND  CASKS. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 

thereto,  736-70 

BEEF  AND  PORK. 

See  Title  “Inspection  of  Produce,”  and  also  the  act  of  assembly,  entitled  “an 


822 


INDEX. 


act  relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

BLACK-OAK  BARK. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections/’  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

BOARD  OF  HEALTH. 

A  sanitary  board  organized,  to  prevent  the  approach  and  spread  of  the  epidem¬ 
ic  or  Asiatic  cholera,  their  powers  and  duties  prescribed,  and  also  those  of  the  city 
officers  generally,  759-70 

BOARDS  AND  PLANK. 

See  Title  “Iuspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

BOATS  AND  WAGONS. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

BONDS. 

1.  Collector  of  taxes,  before  entering  upon  the  duties  of  his  office,  as  collector 

of  the  water  rents,  to  give  bond  with  surety,  to  be  approved  of  by  the  water  com¬ 
mittee,  in  the  sum  of  $6000,  conditioned  that  he  will  well  and  faithfully  pay  to  the 
treasurer,  at  the  times,  and  in  the  manner  prescribed  by  law,  all  the  water  rents 
which  he  may  collect,  and  that  he  will  not  apply  to  his  own  use,  or  any  other  pur¬ 
pose,  inconsistent  with  the  ordinances,  any  of  the  money  by  him  collected,  and  that 
he  will  faithfully  do  and  perform  all  the  duties  enjoined  on  him  bylaw,  681 

2.  The  assessor  and  register  of  the  water  rents,  before  entering  upon  the  duties 

of  his  office,  to  give  bond,  with  such  sureties  as  shall  be  satisfactory  to  the  water 
committee,  in  the  sum  of  $2000,  conditioned  for  the  faithful  performance  of  the  du¬ 
ties  appertaining  to  his  office,  and  that  he  will  well  and  faithfully  pay  over  to  the 
treasurer,  all  the  water  rents  which  he  shall  collect  and  recover,  682 

3.  Bond  of  the  treasurer  to  be  in  the  sum  of  $20,000,  with  two  or  more  suffi¬ 

cient  sureties,  to  be  approved  of  by  the  mayor,  recorder  and  city  soliciter,  condi¬ 
tioned  for  the  faithful  performance  of  the  duties  of  his  office,  706 

4.  Captain  of  the  watch  to  give  bond  in  the  sum  of  $1500;  lieutenants  each  in 

$1000,  and  watchmen  each  in  $500,  with  security  to  be  approved  of  by  the  mayor, 
which  said  bonds  shall  be  held  in  keeping,  to  satisfy  any  damages  accruing  from 
misconduct  in  office,  714 

5.  See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an 

act  relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements 
thereto,  736-70 

BOOKS  AND  PAPERS. 

1.  Duty  of  the  sanitary  board  to  keep  full  and  faithful  minutes  of  all  their  pro¬ 
ceedings,  and  an  account  of  all  their  contracts  and  expenditures,  660 

2.  The  water  committee  to  keep  a  Book  of  Record,  for  the  annual  alphabeti¬ 

cal  list  of  assessed  water  rents,  which  shall  be  open  to  the  inspection  of  the  mem¬ 
bers  of  the  councils,  at  all  seasonable  times,  if  required,  680 

3.  Duty  of  the  joint  standing  committee  on  fire  companies,  to  keep  fair  and 
regular  minutes  of  their  proceedings,  entered  in  a  book  kept  for  that  purpose,  and 
also  to  file  and  preserve  all  papers  and  communications  made  by  or  to  them,  693 

4.  Book  of  minutes,  &c.  of  the  committee  on  fire  companies,  to  be  open  at 

all  times  to  the  inspection  of  any  member  of  either  councils;  and  once  in  each 
month,  at  a  stated  meeting  of  the  councils,  the  said  book  of  minutes,  &c.  shall  be 
laid  on  the  table  of  one  of  the  clerks  of  the  councils,  for  the  information  of  the 
members,  693 


INDEX- 


823 


BOROUGH  OF  ALLEGHENY. 

Inspector  of  Salt,  &c.  to  be  appointed  for  said  borough,  by  the  town  council, 
&c.  See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an 
act  relating  to  inspections,’7  passed  15th  April,  1835,  and  the  several  supplements 
thereto,  736-70 

BOROUGH  OF  NORTHERN  LIBERTIES. 

Inspector  of  Salt,  &c.  to  be  appointed  in  said  borough,  by  the  town  council,, 
&c.  See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an 
act  relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements 
thereto,  736-70 

BOUNDARY  OF  LOTS. 

All  lots  which,  previous  to  the  opening  of  Duquesne  Way,  were  bounded  by 
the  Alleghany  river,  shall,  after  the  said  way  is  opened  according  to  law,  be  forever 
hereafter  bounded  by,  and  front  on  the  said  way,  772 

BOUNDARIES  OF  THE  NEW  DISTRICT. 

1.  Begining  at  the  S.  E.  corner  of  the  city,  in  the  Monongahela  river,  thence 

by  the  middle  of  said  river  to  a  point  opposite  to  the  two  mile  run,  thence  by  a 
straight  line  carried  over  the  mouth  of  said  run,  and  over  the  house  of  William 
Farrow,  to  the  intersection  of  the  straight  line,  with  the  southern  boundary  line 
continued,  of  the  Borough  of  the  Northern  Liberties,  thence  by  the  said  southern 
boundary  line  to  the  eastern  boundary  of  the  city,  and  thence  by  the  same  to  the 
place  of  beginning,  773 

2.  The  same  to  be  set  off  and  subdivided  into  sections,  as  follows:  No  section 

to  contain  more  than  sixty,  or  less  than  thirty  acres,  and  the  boundary  lines  of  each 
section  to  be  made  to  conform,  when  such  conformity  can  be  conveniently  attained, 
with  the  lines  or  streets  bounding  or  laid  out  through  the  property  of  individual 
owners;  nor  shall  any  section  be  made  to  be  partly  on  one  side,  and  partly  on  the 
other  side  of  the  Farmers’  and  Mechanics’  turnpike  road,  or  of  the  Pittsburgh  and 
Coal  Hill  turnpike  road,  as  the  same  are  now  located  through  the  said  city  dis¬ 
trict,  773 

BOUNDARIES  OF  WARDS. 

1.  So  much  of  the  city  as  lies  northwardly  of  the  middle  of  Liberty  street, 

and  eastwardly  of  the  middle  of  Marbury  street,  to  be  the  bounds  of  iheNorth 
Ward ,  667 

2.  So  much  of  the  city,  as  follows: — beginning  at  the  middle  of  Liberty  and 

Marbury  streets,  down  Marbury  street  to  the  Alleghany  river,  down  the  Alleghany 
river  to  its  confluence  with  the  Monongahela  river,  up  the  Monongahela  river  to 
the  middle  of  Wood  street,  up  the  middle  of  Wood  street  to  Diamond  alley,  up 
the  middle  of  Diamond  alley  to  Market  street,  up  the  middle  of  Market  street  to 
the  middle  of  Liberty  street,  and  down  the  middle  of  Liberty  street  to  the  place  of 
beginning,  to  be  the  bounds  of  the  West  Ward,  667 

3.  So  much  of  the  city,  as  follows: — beginning  at  the  foot  of  Wood  street,  on 

the  Monongahela  river,  up  the  middle  of  Wood  street  to  the  middle  of  Diamond 
alley,  along  the  middle  of  Diamond  alley  to  the  middle  of  Smithfield  street,  down 
Smithfield  to  the  middle  of  Fourth  street,  along  the  middle  of  Fourth  street,  and 
up  to  the  Farmers’  and  Mechanics’  turnpike  road  to  the  city  line,  down  by  the  same 
to  the  Monongahela  river,  and  down  the  same  to  the  place  of  beginning,  to  be  the 
bounds  of  the  South  Ward,  667 

4.  So  much  of  the  city  as  lies  east  of  the  middle  of  Liberty  street,  Diamond 

alley,  and  the  boundaries  of  the  South  Ward,  as  above  described,  to  be  the  bounds 
of  the  East  Ward,  667 

5.  So  much  of  the  city  as  lies  northwardly  of  the  middle  of  Liberty  street, 

and  eastwardly  of  the  middle  of  Marbury  street,  to  be  one  ward,  to  be  called  the 
North  Ward,  704 

6.  So  much  of  the  city  as  is  included  in  the  following  boundaries,  viz:  begin¬ 
ning  at  the  middle  of  Liberty  and  Marbury  streets,  and  running  thence  down  Mar¬ 
bury  street  to  the  Alleghany  river,  thence  along  the  Alleghany  it  verto  its  confluence 


824 


INDEX. 


with  the  Monongahela  river,  thence  up  the  Monongahela  river  to  the  middle  of 
Wood  street,  thence  up  the  middle  of  Wood  street  to  the  middle  of  Diamond  al¬ 
ley,  thence  up  the  middle  of  Diamond  alley  to  the  middle  of  Market  street,  thence 
along  down  the  middle  of  Market  street  to  the  middle  of  Liberty  street,  and  thence 
down  the  middle  of  Liberty  street  to  the  place  of  beginning,  to  be  one  ward,  to  be 
called  the  West  Ward ,  704 

7.  So  much  of  the  city  as  is  included  in  the  following  boundaries,  viz:  begin¬ 

ning  at  the  foot  of  Wood  street,  on  the  Monongahela  river,  thence  up  the  middle 
of  Wood  street  to  the  middle  of  Diamond  alley,  thence  along  the  middle  of  Dia¬ 
mond  alley  to  the  Farmers’  and  Mechanics’  turnpike  road,  thence  along  the  said 
road  to  the  city  line,  thence  down  the  same  to  the  Monongahela  river,  and  thence 
down  the  said  river  to  the  place  of  beginning,  to  be  one  ward,  to  be  called  the  South 
Ward ,  704-5 

8.  So  much  of  the  city  as  lies  south  of  the  middle  of  Liberty  street,  east  of  the 

middle  of  Market  street,  Diamond  alley,  and  the  boundaries  of  the  South  ward,  to 
be  one  ward,  to  be  called  the  East  Ward ,  705 

BRANDS  AND  MARKS. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an 
act  relating  to  inspections,”  passed  15th  of  April.  1835,  and  the  several  supplements 
thereto,  '  736-70 

BRIDGES. 

1.  A  bridge  authorized  to  be  erected  by  Harmar  Denny,  over  the  Canal,  at  or 

near  Washington  street,  of  such  form  and  dimensions,  as  may  be  prescribed  or  ap¬ 
proved  of  by  the  Canal  commissioners,  or  by  the  chief  engineer  of  the  Western 
division  of  the  Pennsylvania  Canal,  696 

2.  Corporation  of  the  city  not  to  incur  any  liabilities  for  the  construction,  pre¬ 
servation  or  repair,  of  the  said  bridge,  696 

3.  The  western  abutment  of  the  said  bridge,  to  be  constructed  in  such  form, 
and  of  such  grade,  as  shall  be  directed  by  the  recording  regulator  of  the  city,  696 

BUILDING. 

Duty  of  the  assessor  and  register  of  the  water  rents,  to  grant  permits  to  use  the 
hydrant  water  for  building  purposes,  to  all  persons  desiring  the  use  thereof,  who  are 
not  in  arrears  for  water  tax,  upon  the  terms  and  conditions  specified  in  the  joint  re¬ 
solution  of  councils,  of  the  18th  March,  1836,  694-5 

BUILDING  MATERIALS. 

The  privilege  of  depositing  building  materials,  &c.  on  the  public  landings,  near 
the  Monongahela  bridge,  entirely  repealed,  701 

BUTCHERS. 

Not  to  vend  any  article  of  meat,  &c.  usually  sold  by  them,  after  the  erection 
of  the  Liberty  street  market  house,  at  any  other  place  than  the  said  market  house, 
in  Liberty  street,  on  Mondays  and  Thursdays,  under  the  penalty  of  five  dollars  for 
every  offence,  661 

BUTTER  AND  HOG’S  LARD. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an 
act  relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements 

thereto,  736-70 

CANAL. 

A  bridge  athorized  to  be  built  over  the  canal,  at  or  near  Washington  street,  by 
Harmar  Denny,  of  such  form  and  dimensions  as  may  be  prescribed  or  approved  of 
by  the  canal  commissioners,  or  by  the  chief  engineer  of  the  western  division  of 
the  Pennsylvania  canal,  696 

CANAL  COMMISSIONERS. 

To  approve  of  the  form  and  dimensions  of  the  bridge  authorized  to  be  built 


INDEX. 


825 


over  the  Pennsylvania  canal,  by  Harmar  Denny,  at  or  near  Washington  street,  in 
Pittsburgh,  696 

CANISTERS  AND  HALF  KEGS. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an 
act  relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements 
thereto,  736-70 


CAPTAIN  OF  THE  WATCH. 

1.  His  duty  to  repair  to  the  watch  house,  from  time  to  time,  before  nine  o’clock, 

P.  M.  every  night,  there  to  remain  until  the  hour  appointed  for  the  dismissal  of  the 
watch  and  prisoners,  unless  prevented,  &c.  712 

2.  His  duty  to  promulgate  to  the  watchmen  the  rules  and  regulations  for  the 

government  of  the  watch,  which  rules  and  regulations  shall  be  read  once  every 
month,  in  the  hearing  of  the  persons  employed,  712 

3.  Invested  with  all  the  powers  and  authorities  of  the  high  constable,  all  the 
duties  of  that  officer  being  likewise  imposed  on  him,  except  in  certain  cases,  712 

4.  His  duty  to  report  to  the  mayor  any  negligence  or  want  of  fidelity  that  may 

have  been  observed  in  any  of  the  persons  under  his  direction,  that  they  may  be 
forthwith  fined,  or,  if  expedient,  stricken  from  the  roll,  &c.  712 

5.  To  take  an  oath  to  perform  the  duties  of  his  office,  to  the  best  of  his  abili¬ 

ties,  and  to  give  bond  in  the  sum  of  $1500,  with  surety,  to  be  approved  of  by  the 
mayor,  which  bond  shall  be  held  in  keeping  to  satisfy  any  damages  accruing  from 
his  misconduct  in  office,  714 

6.  A  fine  or  penalty  of  not  less  than  five,  nor  more  than  $40,  at  the  discretion 

of  the  mayor,  to  be  imposed  on  him,  if  convicted  before  the  mayor,  of  official  mis¬ 
conduct,  714 

7.  His  duty  to  receive  all  fees  or  costs  to  which  any  individual  of  the  watch 

may  be  entitled,  and  deposit  the  same  in  some  suitable  bank,  under  the  direction  of 
the  mayor,  to  be  distributed  among  the  several  watchmen  who  shall  have  distin¬ 
guished  themselves  by  their  good  conduct,  714 

8.  His  salary  increased  to  31  dollars  per  month,  to  be  paid  monthly,  as  hereto¬ 
fore  directed,  *  726 

Cx\RRIAGES  AND  HORSES. 

A  fine  or  penalty  of  ten  dollars,  to  be  imposed  on  all  persons  exposing  for  sale 
any  carriage  or  carriages,  horses,  cattle,  or  animals  of  any  description,  in  or  upon 
any  of  the  public  squares,  streets,  lanes  or  alleys  of  the  city.  690 


CARS  AND  LOCOMOTIVES. 

1.  All  engineers  of  locomotives,  and  conductors  of  cars,  engaged  in  the  trans¬ 

portation  of  passengers,  or  of  goods,  wares,  or  merchandise  of  any  description, 
liable  to  indictment,  and  punishment  by  fine  and  imprisonment,  at  the  discretion  of 
the  court,  for  any  gross  negligence  or  wilful  misconduct,  whereby  passengers  or 
other  persons  may  be  injured,  788 

2.  See  act  of  assembly,  entitled  “an  act  for  the  prevention  of  injuries  to  indi¬ 

viduals,  by  the  gross  negligence  or  wilful  misconduct  of  stage  drivers  and  others.” 
passed  1st  of  April,  1836,  788 


CARTS  AND  CARTERS. 

Not  to  deposit  filth,  &c.  at  any  place  within  the  city,  other  than  at  the  public 
float,  at  the  junction  of  the  Allegheny  and  Monongahela  rivers,  under  a  penalty  of 
ten  dollars  for  every  such  offence,  603 


CASKS  AND  BARRELS. 

See  Title  “Inspection  of  Produce 
act  relating  to  inspections,”  passed  15th 
thereto, 

125 


,”  and  also  act  of  assembly,  entitled  “an 
of  April,  1835,  and  the  several  supplements 

736-70 


826 


INDEX. 


CATTLE  MARKET. 

The  cattle  market,  established  by  the  ordinance  of  the  29th  of  May,  1824, 
chap.  84,  ante,  p.  171-2,  abolished,  690 

CELLARS  AND  VAULTS. 

All  offensive,  foul,  or  mouldy  vaults,  cellars,  privies,  or  other  nuisances,  of  any 
kind,  injurious  to  the  health  or  comfort  of  the  inhabitants,  to  be  reported  by  the 
assistants  of  the  sanitary  board,  659-60 

CERTIFICATES  OF  LOAN. 

1.  Mayor  authorized  to  issue  a  certificate  of  loan  to  George  A.  Cook,  for  $8,896 
75,  bearing  an  interest  of  six  per  cent  per  annum,  from  13th  May,  1836,  payable 
half  yearly  at  the  office  of  the  city  treasurer,  793 

2  Said  certificale  to  be  signed  by  the  mayor  and  countersigned  by  the  treasu¬ 
rer,  and  to  be  transferable  by  the  said  George  A.  Cook,  his  assigns,  and  their  legal 
representatives  at  the  office,  and  in  presence  of  the  treasurer  of  the  city,  and  not  to 
be  redeemed  or  paid  off  by  the  city,  without  the  consent  of  the  holders  thereof,  be¬ 
fore  13th  May,  1856,  793 

3.  Faith,  funds,  credit,  revenue,  and  corporate  property  of  the  city,  pledged 

for  the  payment  of  the  said  certificate,  and  for  the  payment  of  the  interest  accruing; 
thereon,  793 

4.  See  appendix,  title  “Public  Loans  and  City  Debt,”  805-6 

CERTIFICATES  OF  REMOVAL. 

The  certificates  of  the  mayor’s  court,  and  of  the  president  judge  of  the  fifth 
judicial  district,  composed  of  Allegheny  county,  that  any  indictment  or  civil  cause 
proposed  to  be  removed  to  the  district  court  of  Allegheny  county,  for  trial,  is  in  his 
opinion  within  the  act  of  the  16th  of  June,  1836,  to  be  conclusive  evidence  of  the 
jurisdiction  of  the  said  district  court,  in  such  cases,  777 

CHAINS. 

Chains  to  be  extended,  at  a  proper  height,  from  the  corner  of  the  south  wing  of 
the  market  house  to  the  corner  now  occupied  by  the  Dispensary;  and  also  from  th& 
corner  of  the  north  wing  to  the  east  corner  of  the  Diamond  and  Market  street,  and 
across  Diamond  and  Market  alleys,  at  their  entrance  into  the  Diamond,  701-2 

CHARGES  AND  FEES. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

CHERRY  ALLEY. 

A  culvert  of  not  less  than  three  feet  in  diameter,  to  be  placed  at  Cherry  alley, 
according  to  a  diagram  filed  in  the  office  of  the  recording  regulator,  724 

CHILDREN  AND  PARENTS. 

Parents,  children  and  grand  children,  liable  for  the  support  of  their  pauper  re¬ 
latives,  783 

CHOLERA. 

1.  Sanitary  Board  organized,  with  plenary  powers  to  adopt  measures  to  pre¬ 
vent  the  introduction  and  progress  of  the  epidemic  cholera  within  the  city,  659 

2.  All  expenses  of  the  sanitary  board  to  be  settled  by  the  board,  and  reported  to 
the  mayor,  who  shall  draw  his  warrants  on  the  city  treasury  for  the  same,  659 

3.  Organization  of  the  sanitary  board;  their  duties,  and  those  of  their  assistants; 

and  duty  of  the  street  commissioner,  wharf  master,  city  constables,  &c.,  659-60 

4.  Duty  of  the  superintendent  of  the  waterworks,  and  of  the  citizens  gene¬ 
rally,  in  cleansing  of  alleys,  gutters,  pavements,  &c.,  660 

5.  All  offensive,  foul,  or  mouldy  vaults,  cellars,  privies,  or  other  nuisances  of 

any  kind,  injurious  to  the  health  or  comfort  of  the  inhabitants,  to  be  examined  and 
reported  to  the  mayor  or  the  board,  660 


INDEX. 


827 


6.  All  sick  persons  arriving  within  the  city  to  be  reported  to  the  mayor  or  the 
board,  and  to  be  provided  for,  with  nurses,  attendance,  medical  aid,  &c.,  660 

CIDER,  INSPECTION  OF. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

CITIZENS  AND  INHABITANTS. 

1.  All  offensive,  foul  or  mouldy  vaults,  cellars,  privies,  or  other  nuisance  of 

any  kind,  to  be  examined  and  daily  reported  by  the  assistants,  to  the  sanitary  board, 
or  the  mayor,  as  well  those  in  the  streets  and  alleys,  and  on  the  shores  of  the  ri¬ 
vers,  as  within  the  enclosures  and  houses  of  the  citizens,  660 

2.  Penalty  of  five  dollars,  for  every  offence,  in  neglecting  or  refusing  to  comply 

with  the  written  or  printed  orders  of  the  sanitary  board,  relative  to  cleansing  gut¬ 
ters,  pavements,  &c.,  660 

3.  All  citizens  occupying  any  house  or  tenament  within  the  city,  to  obey  and 

execute  the  written  or  printed  orders  of  the  sanitary  board  relative  to  cleansing  the 
gutters,  pavements,  and  spaces  in  front  of  their  respective  lots,  660 

CITY  ACCOUNTS. 

A  faithful  account  of  all  contracts  and  expenditures  made  by  the  sanitary  board, 
to  be  kept  by  the  board,  and  when  such  accounts  are  properly  sanctioned,  the  may¬ 
or  to  draw  his  warrant  for  the  amount,  payable  out  of  the  fund  appropriated  for  that 
purpose,  660 

CITY  ASSESSOR. 

His  salary  fixed  at  one  hundred  dollars  per  annum,  payable  quarterly,  by  war¬ 
rants  to  be  drawn  by  the  mayor  on  the  city  treasury,  709 

CITY  BILLS. 

1.  Five  hundred  dollars  appropriated  for  the  redemption  of  all  city  bills  yet  in 

circulation,  and  the  interest  due  thereon,  to  be  paid  on  demand,  at  the  office  of  the 
city  treasurer,  at  any  time  before  the  1st  of  April,  1835,  679 

2.  Interest  on  all  city  bills  to  cease  after  the  first  day  of  April,  1835,  but  the 

principal  and  interest  on  such  city  bills,  up  to  the  1st  of  April,  1835,  to  be  paid  on 
presentation,  at  any  time  afterwards,  679 

3.  Amount  appropriated  for  the  redemption  of  the  principal  and  interest  of  the 

city  bills,  in  the  year  1835,  $500,  684 

CITY  BOUNDARIES. 

Eastern  boundaries  of  the  city  to  be  extended,  and  the  new  boundaries  particu¬ 
larly  set  forth  and  described  in  the  act  of  assembly,  passed  on  the  16lh  day  of  June, 
1836,  773-77 

CITY  CONSTABLES. 

] .  To  make  daily  reports  to  the  sanitary  board  or  to  the  mayor,  of  all  nuisances 
they  observe,  and  of  all  cases  of  arrivals  of  sick  persons  within  the  bounds  of  the 
city,  66Q 

2.  The  salary  of  the  high  constable  fixed  at  three  hundred  dollars  per  annum, 
and  of  the  four  city  constables  at  two  hundred  dollars  each,  payable  quarterly,  to  be 
paid  by  warrants  to  be  drawn  by  the  mayor  on  the  city  treasury,  709 

CITY  COUNCILS. 

1.  Two  members  of  the  select,  and  three  members  of  the  common  councils, 

to  serve  in  rotation,  monthly,  as  members  of  the  sanitary  board,  660 

2.  To  meet  on  the  first  Tuesday  of  January,  annually,  and  divide  the  city  into 

four  wards  or  districts,  for  election  purposes,  according  to  the  provisions  of  the  act 
of  assembly  of  the  26th  of  Dec.  1833,  666 

3.  To  fix  the  places  for  holding  all  general  and  city  elections,  for  the  several 

wards,  at  particular  houses,  to  be  by  them  designated,  within  the  bounds  of  the  res¬ 
pective  wards,  and  not  elsewhere,  666 


828 


INDEX. 


4.  Select  and  common  councils,  in  joint  meeting,  to  examine  all  city  election 

returns,  hear  all  remonstrances  and  objections  to  the  same,  and  to  determine  there¬ 
on,  and  to  declare  the  persons  qualified,  having  the  greatest  number  of  votes,  to  be 
legally  elected,  668 

5.  In  all  cases  where  the  election  has  been  illegally  and  unfairly  conducted,  or 

the  number  of  legal  votes  given  may  render  the  result  doubtful,  the  councils  shall 
have  power  to  set  the  same  aside,  and  order  a  new  election,  giving  notice  thereof, 
as  in  the  case  of  other  special  elections,  668 

6.  To  meet  in  joint  meeting  hereafter  on  the  third  Tuesday  of  January,  an¬ 

nually,  for  the  purpose  of  electing  city  officers,  in  place  of  the  second  Tuesday,  as 
heretofore,  668 

7.  Duty  of  the  select  and  common  councils  of  the  city,  on  the  first  Tuesday  of 

January,  1834,  and  annually  thereafter,  to  meet  together  and  divide  the  city  into 
four  wards  or  districts,  so  as  to  make  the  number  of  taxable  inhabitants  of  each 
ward  of  the  city,  as  nearly  equal  as  may  be,  702 

8.  Councils  also  to  fix  the  places  of  holding  all  general  and  city  elections,  for 

the  different  wards,  at  such  houses  within  the  bounds  of  the  respective  wards,  and 
not  elsewhere,  and  to  change  the  same  as  often  as  public  convenience  may  re¬ 
quire,  702-3 

9.  Citizens  of  each  ward  to  elect  annually,  on  the  second  Tuesday  of  January, 

one  person  to  be  a  member  of  the  select,  and  five  persons  to  be  members  of  the 
common  council,  703 

10.  Members  of  the  select  council,  to  be  elected  to  serve  for  three  years,  and 

members  of  the  common  council,  to  be  elected  to  serve  for  one  year,  703 

11.  Members  of  both  councils  to  have  the  same  qualifications,  as  are  required 

of  persons  qualified  to  serve  as  members  of  the  house  of  representatives  of  this 
commonwealth,  703 

12.  Councils  annually  to  appoint  a  joint  committee,  of  one  from  the  select, 

and  two  from  the  common  council,  whose  duty  it  shall  be  to  consult  with  the  may¬ 
or,  and  discharge  other  duties  respecting  the  employment  and  management  of  the 
permanent  city  watch,  713 

13.  Said  committee  to  report  quarterly,  at  the  stated  meetings  in  March,  June, 

September,  and  December  of  each  year,  the  state  of  the  appropriation,  and  all 
things  connected  with  the  watch,  that  they  may  deem  important  to  the  public  inter¬ 
est,  713 

14.  Authorized  aud  empowered  to  lay  out,  open,  extend  and  widen  suchstreet 

or  streets  as  they  may  deem  necessary  and  convenient,  to  communicate  between 
the  public  streets  and  the  Pittsburgh  gas  works,  717 

15.  Authorized  and  required,  upon  application  to  them  in  writing,  of  one  or 

more  of  the  owners  of  lots  running  from  Penn  street  to  the  Allegheny  river,  to  de¬ 
fine,  locate,  and  cause  to  be  opened  a  public  street,  to  be  designated  and  known  as 
Duquesne  Way,  to  be  at  least  forty  feet  wide,  and  running  parallel  with  Penn 
street  from  the  eastern  boundary  of  the  city  to  Water  street,  graded  not  more  than 
four  feet  below  the  level  of  Penn  street,  770-71 

16.  Councils  authorized  and  required,  on  the  petition  of  not  less  than  thirty  of 

the  freeholders  owning  lots  in  any  section  of  the  new  city  district,  to  declare  by  or¬ 
dinance  the  admission  of  such  section  into  the  city,  775 

17.  After  the  passage  of  such  ordinance,  the  said  section  to  be  forever  there¬ 

after  taken,  deemed  and  allowed  to  be  a  part  of  the  city,  to  all  intents  and  purpo¬ 
ses,  and  be  subject  to  the  jurisdiction  and  government  of  the  municipal  authori¬ 
ties  of  the  city,  as  fully  as  if  it  had  been  an  original  part  of  the  city,  775 

18.  Councils,  when  they  consider  the  opening,  widening  or  extension  of  any 

of  the  streets,  lanes  or  alleys  necessary  for  public  use  and  convenience,  authorized 
to  determine  the  location  and  limits  of  such  streets,  lanes  and  alleys,  776 

19.  Plans  and  specifications  of  such  locations,  extensions  and  widenings  of 

streets,  lanes  and  alleys,  to  be  made  by  the  recording  regulator,  and  deposited  in 
his  office  for  public  inspection  and  examination,  776 

20.  Councils,  once  in  every  year,  at  least  thirty  days  before  holding  the  city 

elections,  to  divide  the  city  into  four  wards,  to  be  as  nearly  equal  in  the  mimber  of 
inhabitants  as  may  be,  777 


INDEX. 


829 


CITY  ELECTIONS. 

1.  The  place  of  holding  the  general  and  city  elections  in  the  North  Ward  of 

the  city,  fixed  at  the  house  of  James  Armstrong,  corner  of  Penn  and  St.  Clair 
streets,  702 

2. ’  The  city  councils  authorized  and  required  to  fix  the  places  of  holding  all 

general  as  well  as  city  elections,  for  the  different  wards  of  the  city,  at  such  houses 
within  the  bounds  of  the  respective  wards,  and  not  elsewhere,  and  to  change  the 
same  as  often  as  public  convenience  may  require,  702-3 

3.  The  city  and  general  elections  for  the  East  and  South  Wards  of  the  city,  to 

be  held  hereafter,  for  the  East  Ward ,  at  the  house  now  occupied  by  Michael  Smith, 
in  Liberty  street,  facing  Hand  street,  and  for  the  South  Ward,  at  the  house  now  oc¬ 
cupied  by  Wm.  J.  Lyon,  corner  of  Third  and  Grant  streets,  794 


CITY  LINE. 

1.  The  trustees  of  the  Pittsburgh  gasworks,  authorized  to  lay  the  necessary- 

pipes  from  the  works  to  the  city  lines,  provided  the  same  do  not  pass  through  pri¬ 
vate  property,  &c.,  b  7^6 

2.  Councils  authorized  and  empowered  to  open,  extend,  and  widen  cer¬ 

tain  streets  necessary  to  communicate  between  the  public  streets  of  the  city  and 
the  Pittsburgh  gas  works,  717 

3.  Water  pipes  required  to  be  laid  along  Second  street,  from  Ross  street  to  the 

eastern  boundary  of  the  city,  and  to  be  continued  from  thence  to  a  point  opposite 
the  Pittsburgh  gas  works,  717 

CITY  ORDINANCES. 

1.  All  ordinances,  laws  and  regulations,  passed  by  the  select  and  common 

councils  since  the  27th  May,  1833,  and  all  acts  and  parts  of  acts  of  assembly,  rela¬ 
ting  to  the  city,  to  be  collected  and  published  in  pamphlet  form,  under  the  direction 
of  the  presidents  of  the  councils  and  recorder  of  the  city,  705 

2.  Two  hundred  and  fifty  copies  of  the  laws,  ordinances  and  regulations,  and 

acts  of  assembly,  to  be  printed  on  a  page  of  the  same  size,  and  furnished  with  mar¬ 
ginal  notes,  references  and  index,  in  like  form  and  manner  with  the  present  pub¬ 
lished  compilation  of  the  city  laws,  705 

3.  Ordinances,  laws,  regulations,  and  acts  of  assembly  relating  to  the  city,  to 

be  annually  collected  and  published  in  pamphlet  form,  in  like  manner,  706 

CITY  SOLICITOR. 

1.  His  duty  to  proceed  and  recover,  according  to  law,  upon  the  information  of 

the  mayor  or  any  of  the  aldermen  of  the  city,  all  fines  and  penalties  imposed  on 
persons,  for  cleansing  and  purifying  foul  vaults  and  privies,  in  any  manner  contrary 
to  the  ordinances  in  such  cases  made  and  provided,  673 

2.  City  solicitor,  together  with  the  mayor  and  recorder,  to  approve  of  the 

bond  of  the  city  treasurer,  in  the  sum  of  $20,000,  conditioned  for  the  faithful  per¬ 
formance  of  the  duties  of  his  office,  706 


CITY  TREASURER. 

1.  Treasurer  of  the  city  to  attend  at  the  office  of  the  mayor,  upon  occasion  of 

opening  the  proposals  received  by  him,  on  the  1st  of  April,  1835,  for  the  city  loan 
of  $75,000,  676 

2.  To  open  books  for  subscription  to  the  gas  stock,  on  the  second  Monday  in 

May,  1835,  to  be  kept  open. at  his  office  during  his  office  hours,  for  six  juridical 
days  thereafter,  and  no  longer,  676 

3.  To  receive  from  the  street  commissioner,  the  proceeds  of  sale  of  the  Liberty 

street  market  house,  and  distribute  the  amount  thereof  among  the  stockholders  or 
subscribers  to  the  erection  of  the  said  market  house,  in  a  pro  rata  proportion  to  the 
amount  by  them  severally  subscribed  towards  the  building  of  the  said  market 
house,  689 

4.  To  keep  the  books  of  subscription  to  the  Pittsburgh  gas  works  stock  open, 

untilthe  first  Monday  of  July,  1835,  provided  the  stock  should  not  be  all  taken  be¬ 
fore  that  time,  and  to  report  the  number  of  shares  subscribed,  at  each  meeting  of 
the  councils  up  to  that  time,  691 

5.  To  refund  to  each  of  the  stockholders  of  the  last  subscribed  585  shares  of 


830 


INDEX. 


stock  in  the  Pittsburgh  gas  works,  the  five  dollars  paid  on  each  share  at  the  time  of 
subscribing,  and  to  cancel  the  receipts  given  by  him  for  the  same,  694 

6.  The  said  585  shares  to  be  taken  and  retained  by  the  city  treasurer,  as  so 
much  of  said  stock  not  yet  subscribed  for,  and  to  be  hereafter  disposed  of,  694 

7.  Treasurer  to  appoint  one  of  the  commissioned  auctioneers  of  the  city  of 

Pittsburgh,  to  sell  the  said  585  shares  of  stock  in  the  Pittsburgh  gas  works,  at  public 
outcry  or  auction,  695 

8.  Treasurer  to  give  public  notice,  in  the  daily  newspapers  of  the  city,  that  the 

sale  of  the  said  585  shares  of  stock  in  the  Pittsburgh  gas  works  will  commence,  at 
his  office,  on  Fourth  street,  on  the  8th  of  June,  1835,  at  10  o’clock,  A.  M.,  695 

9.  The  treasurer,  together  with  a  joint  committee  of  two  from  the  select,  and 

two  from  the  common  council,  to  assemble  at  the  place  of  sale,  at  the  time  appoint¬ 
ed,  with  the  auctioneer,  and  superintend  the  said  sale,  695 

10.  Purchasers  of  stock,  at  the  said  sale,  forthwith  to  pay  to  the  city  treasurer, 

the  premium  advance  above  the  par  value  of  the  said  stock,  (if  such  premium  shall 
be  obtained,)  and  five  dollars  in  addition,  on  account  of,  and  in  part  of  every  share 
so  purchased,  695 

11.  The  auctioneer  not  to  accept  of  any  bid  for  the  said  stock,  at  less  than  the 

par  value  thereof,  695 

12.  The  treasurer  and  said  committee  of  councils,  to  proceed  and  sell  the  said 

stock,  from  day  to  day,  continuously,  Sundays  accepted,  until  the  whole  585 shares 
have  been  sold  and  disposed  of,  695 

13.  Proceeds  of  the  said  sale,  over  and  above  the  par  value  of  the  said  stock, 

first  deducting  the  reasonable  expenses  of  such  sale,  to  be  retained  in  the  treasury, 
and  accounted  for  by  the  treasurer,  as  the  other  revenues  of  the  city  are  received 
and  accounted  for,  695 

14.  Required  to  give  bond,  in  the  sum  of  $20,000,  with  two  or  more  sufficient 

sureties,  to  be  approved  of  by  the  mayor,  recorder  and  city  solicitor,  conditioned 
for  the  faithful  performance  of  the  duties  of  his  office,  706 

15.  His  salary  fixed  at  seven  hundred  dollars  per  annum,  payable  quarterly,  by 

warrants  to  be  drawn  by  the  mayor  on  the  city  treasury,  709 

CITY  WATCH. 

See  details  under  the  head  of  watch  and  watchmen,  and  pages  712  to  715 

CIVIL  SUITS  AND  ACTIONS. 

All  civil  suits  or  actions,  now  pending,  or  hereafter  to  be  brought,  in  the  court 
of  common  pleas  of  Allegheny  county,  wherein  the  city  of  Pittsburgh  is  directly 
or  indirectly  interested,  shall  be  tried  in  the  district  court  of  Allegheny  county,  be¬ 
fore  a  jury,  from  which  allpersons  resident,  or  owning  real  property  in  the  said  city 
shal)  be  excluded,  777 

CLEANING  OF  STREETS. 

1.  Third  section  of  the  ordinance  of  the  31st  of  December,  1832,  providing  for 
the  appointment  of  an  additional  street  commissioner,  repealed,  665-6 

2  Amount  appropriated  for  cleaning  of  streets  and  paved  cartways,  for  the 
year  1835,  $2,269  75,  683-84 

CLERKS  OF  COUNCILS. 

The  salaries  of  the  clerks  of  the  select  and  common  councils,  fixed  at  two  hun¬ 
dred  dollars  each,  per  annum,  payable  quarterly,  by  warrants  to  be  drawn  by  the 
mayor  on  the  city  treasury,  709 

CLERKS  OF  COURTS. 

Clerks  of  courts  by  whom  fines  are  imposed  for  the  use  of  the  poor,  &c.  to 
deliver  notice  of  the  same  to  the  constables,  &c.,  786 

COAL  LANE. 

1.  Sixth  street  to  be  opened  and  extended  from  Grant  street  to  Coal  lane,  by 
viewers  to  be  appointed  by  the  court  of  quarter  sessions  of  Allegheny  county,  ac¬ 
cording  to  the  provisions  of  the  act  of  assembly  of  the  15th  of  April,  1835,  698 


INDEX. 


831 


2.  Coal  lane  to  have  a  uniform  ascending  grade  from  Grant  street,  eastward- 
ly,  641  feet,  at  an  angle  of  one  degree  and  thirty-three  minutes  above  the  horizon, 
and  thence  to  Seventh  street  a  uniform  descending  grade,  at  an  angle  of  one  de¬ 
gree  and  51  minutes  below  the  horizon,  716 

COLLECTOR  OF  TAXES. 

1.  Duty  of  the  collector  of  city  taxes,  immediately  after  having  received  the 

annual  alphabetical  list  of  assessed  water  rents,  approved  in  writing  by  the  water 
committee,  to  forthwith  demand  payment  of  the  water  rents  from  the  estates  charg¬ 
ed  therewith,  and  to  collect  and  recover  the  same  without  delay,  660 

2.  Collector  to  be  allowed  the  same  per  centage  for  his  trouble  and  services, 

in  collecting  and  paying  over  the  water  rents,  as  is  or  may  be  allowed  him  by  law, 
for  collecting  and  paying  over  the  city  taxes,  681 

3.  Before  entering  upon  the  duties  of  his  office,  the  collector  shall  give  bond,  in 

the  sum  of  $6,000,  with  sufficient  surety,  to  be  approved  of  by  the  water  com¬ 
mittee,  that  he  will  well  and  faithfully  pay  to  the  treasurer,  at  the  time,  and  in  the 
manner  prescribed,  all  the  water  rents  which  he  shall  collect,  and  that  he  shall  not 
apply  to  his  own  use,  or  any  other  purpose  inconsistent  with  the  ordinances,  any  of 
the  money  by  him  collected,  and  that  he  shall  faithfully  do  and  perform  all  the  du¬ 
ties  enjoined  on  him  by  law,  681 

4  Duty  of  the  collector,  on  the  first  Monday  of  August  in  every  year,  to  re¬ 
port  in  writing,  to  the  register,  &c.  of  the  water  rents,  all  delinquents  on  his  list  or 
duplicate  of  water  rents,  and  to  make  oath  or  affirmation,  to  be  written  on  the  said 
report,  and  signed  by  him,  and  the  magistrate  or  alderman  before  whom  the  same 
was  taken,  &c.  681 

5.  His  deposition  to  state,  that  he,  the  said  collector,  had  demanded  payment 

of  the  said  water  rents  from  the  persons  residing  on  the  premises,  or  owning  the 
estates  charged  therewith,  and  that  he  hath  not  received  the  same,  nor  any  part 
thereof,  681 

6.  See  Title  “Education  and  Common  Schools/’  and  the  act  of  assembly,  com-  • 

monly  called  the  general  school  law,  entitled  “an  act  to  consolidate  and  amend  the 
several  acts  relatingto  a  general  system  of  education  by  common  schools,”  passed 
13th  June,  1836,  735 

COLLEGES. 

Trustees,  &c.  of  all  colleges  in  Pennsylvania,  having  received  aid  from  the 
state,  directed  to  report  the  number  of  students  in  each  class,  and  the  total  number 
of  graduates,  if  any,  course  of  studies  pursued,  financial  resources,  &c.  to  the 
superintendent  of  common  schools,  to  be  laid  before  the  legislature  in  his  annual 
report,  &c.,  790 

COMMISSIONERS  OF  ALLEGHENY  COUNTY. 

1.  Certain  streets  and  alleys  in  Pittsburgh,  to  be  opened  and  extended,  accord¬ 

ing  to  the  provisions  of  an  act  of  assembly  passed  on  the  15th  of  April,  1835.  See 
Pamph.  Laws  of  Penn,  sesion  of  1834-35,  p.  292-95,  698 

2.  Court  of  quarter  sessions  of  Allegheny  county,  to  appoint  nine  discreet  and 

disinterested  freeholders,  who,  after  being  sworn  or  affirmed,  shall,  together  with 
the  commissioners  of  Allegheny  county  for  the  time  being,  or  a  majority  of  them, 
view  the  ground  proposed  to  be  opened  for  the  extension  of  said  street,  698 

3.  If  the  said  viewers,  or  any  ten  of  them,  view  the  said  ground,  and  any  se¬ 

ven  of  them,  including  one  or  more  of  the  county  commissioners,  agree  that  there 
is  occasion  for  opening  the  said  streets,  they  shall  proceed  to  lay  out  the  same,  as 
agreeably  to  the  prayer  of  the  petitioners  as  may  be,  698 

4.  Duty  of  the  viewers,  in  viewing  the  ground  to  be  opened,  and  in  assessing 

and  apportioning  of  the  damages  sustained  by  individuals,  in  consequence  of  the 
opening  and  extending  of  the  said  streets,  fully  set  forth,  698-9 

5.  The  costs  of  viewing,  and  of  assessing  and  apportioning  of  the  damages, 

&c.  and  of  opening  the  said  streets  and  highways,  to  be  regulated  in  the  same  man¬ 
ner,  as  the  costs  of  similar  proceedings  under  the  laws  of  this  commonwealth,  for 
making  and  repairing  roads,  &c.,  •  699 


832 


INDEX. 


COMMITTEES  OF  COUNCILS. 

1.  Water  committee  authorized  to  appoint  annually,  a  suitable  person  as  as¬ 
sessor  and  register  of  the  water  rents,  680 

2.  To  examine  the  annual  alphabetical  list  of  water  rents,  when  completed  and 

returned  by  the  assessor  and  register,  and  to  correct  and  approve  of  the  same,  in 
writing,  when  corrected,  .  680 

3.  To  keep  a  book  of  record  of  the  water  rents,  which  shall  be  open  to  the 

inspection  of  the  councils  at  all  seasonable  times,  if  required,  680 

4.  To  examine  and  approve  of  the  bond  of  the  collector  of  the  water  rents,  in 

$6,000,  before  the  said  collector  enters  upon  the  duties  of  his  office,  681 

5.  To  examine  and  approve  of  the  bond  of  the  assessor  and  register  of  the 

water  rents,  in  $2,000,  before  he  enters  upon  the  duties  of  his  office,  681 

6.  The  finance  committee  to  attend  at  the  mayor’s  office  on  the  1st  of  April. 

1835,  on  occasion  of  opening  the  proposals  received  by  him  for  the  city  loan  of 
$75,000,  and  together  with  the  mayor  and  city  treasurer,  determine  the  proposals 
to  be  accepted,  676 

7.  The  Pittsburgh  gas  works  to  be  on  a  scale  competent  to  the  manufacture  of 

50,000  cubic  feet  of  gas  daily;  and  the  arrangement  of  the  pipes  for  the  distribution 
and  delivery  of  the  gas  to  be  approved  of  by  the  water  committee,  688 

8.  A  committee  of  gas  lighting,  to  be  appointed  by  the  councils,  whose  duty  it 

shallbe  to  examine  and  approve,  from  time  to  time,  the  metres  and  fixtures  author¬ 
ized  by  the  trustees  of  the  Pittsburgh  gas  works,  for  the  distribution  of  gas  in  the 
city,  689 

9.  A  joint  standing  committee,  to  consist  of  oneTrom  the  select,  and  two  from 

the  common  council,  to  be  annually  appointed  in  the  month  of  January,  to  be  styl¬ 
ed  “the  committee  on  fire  companies.”  692 

10.  The  standing  committee  on  finance,  to  provide  ways  and  means,  for  the 

payment  of  $1070,  to  pay  the  debts  of  the  Vigilant  engine  and  hose  company,  due 
by  them  to  the  Firemen’s  insurance  company,  to  Merrick  and  Agnew,  and  to  Pen- 
nock  and  Sellers,  so  that  the  same  shall  be  paid  on  the  first  of  July,  1836,  with  inter¬ 
est  from  the  first  of  July,  1835,  692 

11.  Duty  of  the  joint  standing  committee  on  fire  companies,  to  keep  regular 
and  fair  minutes  of  their  proceedings,  entered  in  a  book  kept  for  that  purpose,  and 
also  to  file  and  preserve  all  papers  and  communications  made  by  or  to  them,  693 

12.  Book  of  minutes,  &c.  of  the  committee  on  fire  companies,  to  be  open  at 

all  times  to  the  inspection  of  any  member  of  either  councils;  and  once  in  each 
month,  at  a  stated  meeting  of  the  councils,  the  said  book  of  minutes,  &c.  shall  be 
laid  on  the  table  of  one  of  the  clerks  of  the  councils,  for  the  information  of  the 
members,  693 

13.  Duty  of  the  joint  standing  “committee  on  fire  companies,”  to  inspect  the 

fire  engines,  hose,  and  other  fire  apparatus,  of  the  respective  fire  companies  in  the 
city,  as  often  as  they  may  think  proper,  and  to  apportion  the  moneys  annually  ap¬ 
propriated  for  the  use  of  the  fire  and  hose  companies  of  the  city  thereof,  as  they 
may  deem  necessary,  among  the  several  companies,  and  to  act  in  relation  to  such 
apportionment  according  to  their  discretion,  692-93- 

14.  Duty  of  the  joint  standing  “committee  on  fire  companies,”  after  they  have 

apportioned  the  annual  appropriation  of  $1100,  to  and  among  the  several  fire  engine 
and  hose  companies  of  the  city,  to  certify  the  several  sumsso  allowed,  to  the  may¬ 
or,  for  the  purpose  of  payment,  ‘  693 

15.  A  joint  committee  of  two  from  the  select,  and  two  from  the  common 

council,  to  assemble  at  the  treasurer’s  office,  in  Fourth  street,  on  the  8th  of  June, 
1835,  and,  together  with  the  said  treasurer  to  superintend  the  public  sale,  by  auction, 
of  the  remaining  585  shares  of  stock  in  the  Pittsburgh  gas  works,  695 

16.  Five  persons  to  be  annually  elected  from  each  ward,  as  members  of  the 

common  council,  to  serve  one  year,  703 

COMMITTEE  ON  FIRE  COMPANIES. 

1.  A  joint  standing  committee  to  be  appointed  by  the  councils  annually,  in  the 

month  of  January,  to  consist  of  one  from  the  select,  and  two  from  the  common  coun¬ 
cil,  to  be  styled  “the  committee  on  fire  companies,”  692 

2.  Duly  of  the  joint  committee  on  fire  companies,  to  inspect  the  fire  engines. 


INDEX. 


833 


hoSe,  and  other  fire  apparatus,  of  the  respective  fire  companies  in  the  city,  as  often 
as  they  may  think  proper;  and  to  apportion  the  moneys  annually  appropriated  for 
the  use  of  the  fire  and  hose  companies  of  the  city,  or  so  much  thereof  as  they  may 
deem  necessary,  among  the  several  companies,  and  to  act  in  relation  to  such  ap¬ 
portionment,  according  to  their  discretion,  692-93 

3.  Duty  of  the  joint  committee  on  fire  companies,  after  they  have  apportioned 

the  annual  appropriation  of  $  1 100,  for  the  use  ot  the  several  fire  engine  and  hose 
companies  of  the  city,  to  and  among  them  severally,  to  certify  the  several  sums  so 
allowed  to  the  mayor,  for  the  purpose  of  payment,  693 

4.  Duty  of  the  joint  standing  committee  on  fire  companies,  to  keep  regular 
and  fair  minutes  of  their  proceedings,  entered  in  a  hook  kept  for  that  purpose,  and 
also  to  file  and  preserve  all  papers  and  communications  made  by  or  to  them,  693 

5.  Book  of  minutes,  &c.  of  the  committee  on  fire  companies,  to  be  open  at 

all  times  to  the  inspection  of  any  member  of  either  councils;  and  once  in  each 
month,  at  a  stated  meeting  of  the  councils,  the  said  book  of  minutes,  &c.  shall  be 
laid  on  the  table  of  one  of  the  clerks  of  the  councils,  for  the  information  of  the 
members,  693 

COMMON  SCHOOLS. 

1.  Amount  appropriated  for  the  support  of  commom  schools  for  the  year  1835, 

deducting  $538,  for  appeals,  lost  taxes,  and  fees  of  collection,  $8,838,  684 

2.  See  appendix  No.  Ilf,  808 

3.  See  also,  “Education  and  Common  Schools,”  and  act  of  assembly,  com¬ 

monly  called  the  general  school  law,  entitled  “an  act  to  consolidate  and  amend  the 
several  acts  relating  to  a  general  system  of  education  by  common  schools,”  passed 
13th  June,  1836,  726-735 

COMPENSATION. 

No  order  for  the  opening  and  extension  of  certain  streets  and  highways,  under 
the  act  of  15th  April,  1835,  to  be  granted  by  the  court  of  quarter  sessions,  until  com¬ 
pensation  shall  be  first  made  or  tendered  to  the  owners  of  the  ground  or  property 
injured  by  the  opening  and  extending  of  such  streets  and  highways,  698 

CONDEMNED  ASHES,  POT  AND  PEARL. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an 
act  relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements 
thereto,  736-70 

CONDUCTORS  AND  ENGINEERS. 

1.  All  conductors  and  engineers  of  cars, or  any  locomotive  engines,  engaged  in 

the  transportation  of  passengers,  or  goods,  wares  or  merchandize  of  any  description, 
liable  to  indictment,  and  punishment  by  fine  and  imprisonment,  at  the  discretion  of 
the  court,  for  any  gross  negligence  or  wilful  misconduct,  whereby  passengers  or 
other  persons  may  be  injured,  788 

2.  See  act  of  assembly,  entitled  “an  act  for  the  prevention  of  injuries  to  indi¬ 

viduals,  by  the  gross  negligence  or  wilful  misconduct  of  stage  drivers  and  others,” 
passed  1st  April,  1836,  788 

CONSTABLES. 

1.  Their  duty  to  make  daily  reports  to  the  sanitary  board,  or  to  the  mayor, 

of  all  nuisances,  and  of  the  arrival  of  all  sick  persons  within  the  bounds  of  the 
city,  660 

2.  Duty  of  the  constables  attending  upon  the  markets,  to  cause  all  obstructions 

on  the  footways  or  pavements,  in  front  of  the  court-house  and  public  offices,  in 
the  Diamond,  to  be  forthwith  removed.  662 

3.  Salary  of  the  high  constable  fixed  at  three  hundred  and  fifty  dollars,  and  of 

the  four  city  constables  fixed  at  two  hundred  dollars  each,  per  annum,  to  be  paid 
quarterly,  by  warrants  to  be  drawn  by  the  mayor  on  the  city  treasury,  709 

4.  See  general  school  law,  times  and  places  of  holding  the  elections  for  school 

directors,  &c.  726 

136 


834 


INDEX. 


5.  Constables  to  deliver  transcripts,  of  fines  for  the  use  of  the  poor,  received 
from  magistrates  and  clerks  of  courts,  to  the  overseers  of  the  poor,  under  a  penalty 
for  failing  so  to  do,  78$ 

CONTESTED  ELECTIONS. 

1.  The  city  councils  shall,  in  joint  meeting,  proceed  to  examine  the  election 

returns  for  city  officers,  &c.  and  to  hear  all  remonstrances  and  objections  to  the 
same,  and  to  determine  thereon,  and  to  declare  the  persons  qualified  and  having 
the  greatest  number  of  votes,  to  be  duty  elected,  668 

2.  In  all  cases  where  an  election  for  city  officers,  &c.  has  been  illegally  or  un^ 

fairly  conducted,  or  the  number  of  legal  votes  given  may  render  the  result  doubtful,, 
the  councils  shall  have  the  power  to  set  the  same  aside,  and  order  a  new  election, 
giving  notice  thereof  as  in  the  case  of  other  special  elections,  668 

CONTRACTS. 

1.  No  contract  to  be  entered  into,  or  expenses  incurred  by  the  trustees  of  the 

Pittsburgh  gas  works,  to  exceed  the  amount  of  the  subscriptions,  688 

2.  No  trustee,  superintendent  or  agent  of  the  Pittsburgh  gas  works,  to  be  con¬ 
cerned  or  interested,  either  directly  or  indirectly,  in  any  contract  or  engagement  for 
doing  work  or  labor,  or  furnishing  and  providing  materials  for  the  works.  688 

CONTRIBUTIONS. 

Persons,  whose  property  is  benefited  by  the  opening  and  extension  of  certain 
public  streets  and  highways  within  the  city,  according  to  the  provisions  of  the  act 
of  assembly  of  the  15th  of  April,  1835,  to  pay,  rateably,  such  damages  and  contri¬ 
butions  as  may  be  appointed  and  assessed  on  them  by  the  viewers  of  such  streets 
and  highways,  appointed  by  the  court  of  quarter  sessions  of  Allegheny  county,  699 

COOK,  GEORGE  A. 

1.  Certificate  of  debt  for  $8896  75,  to  be  issued  to  him,&c.in  pursuance  of  Chap. 

228,  entitled  “an  ordinance  providing  for  the  purchase  of  two  pieces  of  ground  on 
Holmes’  Hill,  in  the  manor  of  Pittsburgh,  containing  together  five  acres  81  perches, 
and  181  feet,  793 

2.  See  appendex,  title  “Public  Loans  and  City  Debt,”  805 

COOPERS  AND  PACKERS. 

See  Title  “Inspection  of  Produce.”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

CORN  MEAL. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

CORPORATION  OF  PITTSBURGH. 

1.  Where  the  validity  of  any  regulation  of  a  street  or  alley,  in  Pittsburgh,  made 

either  before  or  since  its  incorporation  as  a  city,  may  be  brought  in  question,  al¬ 
though  the  said  city  of  Pittsburgh  may  not,  by  its  corporate  name,  be  a  party  to  the 
record,  the  same  shall  be  tried  in  the  district  court  of  Allegheny  county,  before  a 
jury  from  which  all  persons  resident,  or  owning  real  property  in  said  city,  shall  be 
excluded,  '  777 

2.  All  indictments  and  civil  actions,  now  pending  or  hereafter  to  be  preferred 

or  instituted  in  the  courts  of  civil  or  criminal  jurisdiction,  within  the  city  of  Pitts¬ 
burgh  or  county  of  Allegheny,  wherein  the  corporation  or  city  of  Pittsburgh  are 
directly  or  indirectly  interested,  shall  be  removed  to  the  district  court  of  Alleghe¬ 
ny  countv,  on  certain  conditions,  as  set  forth  in  the  act  of  assembly  of  the  16th  of 
June, 1836,  777-78 

CORRECTION  OF  ERRORS  AND  MISTAKES. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 


INDEX 


835 


relating  to  inspections/’  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

COSTS  ON  APPEALS. 

1.  How,  and  in  what  manner,  costs,  &c.  are  to  be  recovered  in  individual  ca¬ 
ses;  and  proceedings  to  recover  costs  in  c-tses  of  overseers  of  the  poor,  781 

2.  Court  of  quarter  sessions  may  impose  the  costs  and  charges  on  delinquent 

appellants,  under  the  poor  laws,  from  the  judgment  of  magistrates,  &c.  783-87 

COSTS  AND  CHARGES. 

1.  All  costs  and  charges  attendant  upon  the  viewing  of  certain  streets  and  high¬ 
ways  within  the  city,  for  the  purpose  of  opening  and  extending  the  same,  accord¬ 
ing  to  the  provisions  of  the  act  of  assembly  of  the  15th  of  April,  1835,  to  be  regu¬ 
lated  in  the  same  manner  as  the  costs  of  similar  proceedings  are  regulated  under  the 
laws  of  this  commonwealth,  for  making  and  repairing  of  roads  and  highways,  (>99 

2.  All  the  necessary  costs  and  expenses  attending  the  surveying,  locating,  lay¬ 

ing  out  and  marking  the  new  city  district,  making  plans  and  maps  of  the  same,  to 
be  paid  by  the  county  commissioners,  on  warrants  drawn  on  the  county  treasu¬ 
ry,  775 

COUNCILS. 

1.  A  joint  committee  of  two  from  the  select,  and  two  from  the  common  coun¬ 

cil,  together  with  the  treasurer,  to  assemble  at  the  treasurer’s  office  in  Fourth  street, 
on  the  8th  of  June,  1835,  and  along  with  the  said  treasurer  to  superintend  the  pub¬ 
lic  sale  of  the  remaining  585  shares  of  stock  in  the  Pittsburgh  gas  works,  695 

2.  The  right  of  the  city  corporation  reserved,  whenever  the  councils  may  deem 
it  expedient,  to  take  possession  of  the  gas  works,  and  convert  the  stock  into  a  loan, 
redeemable  in  20  years  from  the  date  of  such  conversion,  bearing  an  interest  of 
five  percent,  payable  half  yearly,  on  the  first  days  of  February  and  August,  687 

3.  Councils  to  elect  twelve  trustees  for  the  Pittsburgh  gas  works,  within  20  days 

after  the  27th  of  April,  1835;  six  trustees  to  be  elected  by  each  council;  and  annu¬ 
ally  thereafter,  at  the  stated  meeting  in  January,  each  council  to  elect  two  trustees, 
in  place  of  those  whose  term  of  service  has  expired,  687 

4.  Not  more  than  two  members  of  each  council,  to  be  trustees  of  the  Pitts¬ 

burgh  gas  works,  at  any  one  time;  and  all  vacancies  occuring  in  the  board  of  trus¬ 
tees,  to  be  filled  by  special  elections  to  be  held  by  the  body  in  whose  delegation  in 
the  board  of  trustees  the  vacancy  exists,  687 

5.  Councils  to  receive  the  accounts  and  proceedings  of  the  trustees  of  the 
Pittsburgh  gas  works,  for  the  previous  year,  annually,  in  the  month  of  January,  688 

6.  Councils  to  give  their  approbation,  from  time  to  time,  to  such  rules  and 

regulations  as  may  be  prepared  and  submitted  to  them  by  the  trustees  of  the 
gas  works,  for  the  distribution  of  gas  to  private  consumers,  and  to  the  public 
lamps,  688-89 

7.  A  committee  on  gas  lighting,  to  be  appointed  by  the  councils,  who  are  to 

examine  and  approve  of  the  metres  and  fixtures,  for  the  distribution  of  gas  in  the 
city,  689 

8.  Councils  may  authorize,  at  any  time,  an  additional  subscription  to  the  gas 

works  stock,  of  $20,000  or  400  shares  of  $50  each,  on  the  application  of  the  stock¬ 
holders,  if  the  same  be  found  necessary  to  complete  the  works,  and  put  them  in  full 
operation,  686 

9.  Two  members  of  the  select,  and  three  members  of  the  common  councils, 

to  serve  in  rotation,  monthly,  as  members  of  the  sanitary  hoard,  660 

10.  Councils  to  choose  annually,  in  the  month  of  January,  a  joint  standing 

committee,  consisting  of  one  from  the  select,  and  two  from  the  common  council, 
to  be  styled  “the  committee  on  fire  companies.”  692 

COUNTERFEITING  MARKS,  BRANDS,  &c. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 


836 


INDEX. 


COUNTRY  PRODUCE. 

1.  See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an 

act  relating  to  inspections,”  passed  loth  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

2.  Licenses  authorized  to  be  granted  to  persons  following  the  business  of  sell¬ 

ing  country  produce  at  second  hand,  for  using  portable  stalls,  placed  within  the  mar¬ 
ket  space  in  the  Diamond  market  house,  at  such  place  or  places  as  may  from  time 
to  time  be  direcled  by  the  officers  of  the  markets,  for  the  purpose  of  exposing  to 
sale  such  articles  of  country  produce  as  they  may  have  purchased  without  the  limits 
of  the  city,  725 

3.  Ten  dollars  per  year  to  be  paid  to  the  mayor,  for  the  use  of  the  city,  for  every 
such  license;  and  thirty-seven  and  a  half  cents  per  day  to  be  paid  to  the  clerk  of  the 
markets,  for  the  use  of  the  city,  by  occasional  visiters  occupying  such  stalls,  725 

COUNTY  COMMISSIONERS. 

1.  Certain  streets  and  alleys  in  Pittsburgh  to  be  opened  and  extended,  accord¬ 

ing  to  the  provisions  of  the  act  of  assembly  of  the  15th  April,  1835.  See  Pamph. 
Laws  of  Penn,  session  of  1834-5,  p.  292-95,  698 

2.  Court  of  quarter  sessions  of  Allegheny  county,  to  appoint  nine  discreet  and 

disinterested  freeholders,  who,  after  being  sworn  or  affirmed,  shall,  together  with 
the  commissioners  of  Allegheny  county  for  the  time  being,  or  a  majority  of  them, 
view  the  ground  proposed  to  be  opened  for  the  said  streets,  698 

3.  If  the  said  viewers  or  any  ten  of  them,  view  the  said  ground,  and  any  se¬ 

ven  of  them,  including  one  or  more  of  the  county  commissioners,  agree  that  there 
is  occasion  for  opening  the  said  streets,  they  shall  proceed  to  lay  out  the  same,  as 
agreeably  to  the  prayer  of  the  petitioners  as  may  be,  698 

4.  Duty  of  the  viewers,  in  viewing  the  ground  to  be  opened,  and,  in  assessing 

and  apportioning  the  damages  sustained  by  individuals,  in  consequence  of  the  o- 
pening  and  extending  of  the  said  streets,  fully  set  forth,  698-99 

5.  To  receive  from  the  governor,  positive  standards  of  the  measures  of  length, 

capacity  and  weight,  to  be  made  in  pursuance  of  the  act  of  15th  April,  1834,  after 
the  same  shall  be  duly  stamped;  to  be  kept  in  the  commissioners  office,  and  used  as 
standards  for  the  regular  adjustment  of  weights  and  measures,  and  for  no  other  pur¬ 
pose,  721 

6.  See  “Education  and  Common  Schools,”  808 

7.  Act  of  assembly,  commonly  called  the  general  school  law,  entitled  “an  act 

to  consolidate  and  amend  the  several  acts  relating  to  a  general  system  of  educa¬ 
tion  by  common  schools,”  passed  the  13th  June,  1836,  726-35 

8.  Required  to  draw  their  warrants  on  the  county  treasury,  for  the  pay  of  the 
viewers  or  commissioners  to  be  appointed  to  lay  out  and  locate  the  new  city  dis¬ 
trict;  and  also  for  all  costs,  charges  and  expenses  necessarily  incurred  in  surveying, 
locating  and  marking  the  same,  and  for  the  necessary  plans  and  maps  thereof,  775 

9.  Their  duty  to  lay  a  special  tax,  sufficient  in  amount  to  reimburse  the  sums 

so  paid,  and  all  charges  incurred  in  assessing  and  collecting  the  same,  in  the  same 
manner  as  the  county  rates  and  levies  are  assessed  and  collected;  the  same  to  be  as¬ 
sessed,  levied  and  collected  on  the  real  property  situate  within  the  said  new  dis¬ 
trict,  775 

COURT  HOUSE. 

1.  The  footways  in  front  of  the  court  house  and  public  offices,  in  the  Dia¬ 

mond,  not  to  be  obstructed  by  tables,  benches,  barrels,  bags,  baskets,  furniture,  ves¬ 
sels,  packages,  or  vegetables,  at  any  time,  under  a  penalty  of  two  dollars  for  every 
such  offence,  662 

2.  All  such  obstructions  on  the  footways  or  pavements  in  front  of  the  court 

house  and  public  offices  in  the  Diamond,  to  be  forthwith  removed  by  the  consta¬ 
bles  attending  upon  the  market,  662 

3.  Commissioners  of  Allegheny  county  authorized  to  build  a  new  court  house 

and  public  buildings  for  the  use  of  the  county;  and  to  borrow  any  sum  not  exceeding 
$60,000  for  that  purpose,  718 

COURT  OF  COMMON  PLEAS. 

J.  Authorized,  on  petition,  to  appoint  fifteen  or  more  disinterested  freeholders, 


INDEX. 


837 


to  view  the  proposed  extension  of  Exchange  alley  from  St.  Clair  to  Irwin  street, 
&c.  719 

2.  If  the  viewers  report  favorably,  and  the  said  report  is  approved  by  the  court, 

it  shall  be  entered  on  record,  and  the  said  alley  shall  thenceforth  be  deemed  and 
taken  to  be  a  lawful  public  alley,  719 

3.  Writs  of  scire  facias  to  be  issued  out  of  the  court  of  common  pleas,  to  re¬ 

cover  damages  sustained,  in  the  same  manner  as  debts  secured  by  mortgage  are 
now  by  law  recoverable,  719 

4.  When  the  damages  and  costs  awarded  by  the  viewers,  and  confirmed  by 

the  court,  shall  be  paid  to  the  proper  persons  entitled  thereto,  the  court  shall  order 
the  said  alley  to  be  opened,  and  the  same  shall  be  opened  by  the  street  commission¬ 
ers,  719 

5.  All  civil  actions  now  pending,  or  hereafter  to  be  brought,  in  the  court  of 

common  pleas  of  Allegheny  county,  wherein  the  city  of  Pittsburgh  is  directly  or 
indirectly  interested,  although  the  said  city  of  Pittsburgh,  may  not,  by  its  corporate 
name,  be  a  party  to  the  record,  shall  be  tried  in  the  district  court  of  Allegheny 
county,  before  a  jury,  from  which  all  persons  resident,  or  owning  property  in  said 
city,  shall  be  excluded,  777 

COURT  OF  QUARTER  SESSIONS. 

1.  Court  of  quarter  sessions  of  Allegheny  county,  on  being'petitioned,  authori¬ 

zed  to  grant  a  view  for  the  purpose  of  ascertaining  the  propriety  of  opening  and 
extending  Sixth  street  from  Grant  street  to  Coal  lane,  698 

2.  And  also,  Wylie  street  to  Grant  street,  or  some  other  street  within  the  city, 

to  be  designated  by  the  viewers  to  be  appointed  by  the  said  court,  698 

3.  And  also,  in  like  manner,  High  street  from  Coal  lane  ta  the  Farmers’  and 

Mechanics’  turnpike  road,  at  some  point  near  the  Fort  Pitt  glass  works,  698 

4.  Court  to  appoint  nine  discreet  and  disinterested  freeholders,  who,  after  be¬ 

ing  duly  sworn  or  affirmed,  shall,  together  with  the  commissioners  of  Allegheny 
county  for  the  time  being,  or  a  majority  of  them,  view  the  ground  proposed  to  be 
opened  for  the  said  streets,  698 

5.  If  the  said  viewers  or  any  ten  of  them,  view  the  said  ground,  and  any  seven 

of  them,  including  one  or  more  of  the  county  commissioners,  agree  that  there  is 
occasion  for  opening  the  said  streets,  they  shall  proceed  to  lay  out  the  same,  as  a- 
greeably  to  the  prayer  of  the  petitioners  as  may  be,  698 

6.  The  said  streets  to  be  laid  out  in  such  a  manner  as  to  do  the  least  injury  to 

private  property — and  the  viewers  to  report  their  proceedings  to  the  next  court  of 
quarter  sessions — and  if  the  said  court  shall  approve  of  the  same,  the  said  report 
shall  be  entered  on  record,  and  thenceforth  such  streets  shall  be  deemed  taken  and 
allowed  to  be  public  streets  and  highways,  698 

7.  The  said  viewers,  or  any  seven  of  them,  shall  inquire  what  damages  any 
individual  or  individuals  shall  or  may  sustain  by  reason  of  opening  and  extending 
the  said  streets  and  highways,  and  shall  make  a  fair  estimate  of  the  same,  698 

8.  The  said  viewers  shall  also  inquire  to  whom  the  opening  of  the  said 

streets  and  highways  shall  be  a  benefit,  and  shall  apportion  and  assess  the  amount 
of  damages  so  found,  upon  the  individuals  so  benefited,  fairly  and  equitably,  in  pro¬ 
portion  to  the  benefit  received  therefrom,  and  the  value  of  their  property  adjacent 
to  the  said  streets  and  highways,  698 

9.  The  said  viewers  shall  file  their  apportionment  and  assessment  in  the  court 

of  quarter  sessions  of  Allegheny  county;  and  on  the  same  being  approved  by  the 
said  coutrt,  it  shall  be  entered  and  recorded  at  large  upon  the  docket  thereof,  and 
shall  bind  and  conclude  all  parties,  owning  or  claiming  to  own,  the  property  adjudg¬ 
ed  to  be  so  benefited  by  the  opening  of  the  said  streets  and  highways,  698 

10.  All  such  sums,  so  assessed  and  apportioned,  shall  be  and  remain  a  lien  upon 

the  property  adjacent  to  the  said  streets  and  highways,  of  the  owners  so  adjudged 
to  be  benefited  as  aforesaid,  until  the  same  with  the  costs,  shall  have  been  paid  or 
tendered  to  the  individual  or  individuals  entitled  to  receive  the  same,  698 

11.  If  any  individual  or  individuals  assessed  for  contribution  as  aforesaid,  shall 

neglect  or  refuse  after  sixty  days  notice  of  the  approval  by  the  court  of  quarter  ses¬ 
sions,  and  a  demand  made  to  pay  the  sum  assessed  and  apportioned  to  be  paid  by 
him  or  them,  the  said  court  shall  and  may,  at  any  time  after  the  expiration  of  the 
said  sixty  days,  issue  a  scire  facias  on  the  said  lien  or  liens,  699 


838 


INDEX. 


12.  Such  scire  facias  to  be  issued  in  the  name  of  the  commonwealth,  for  the 

use  of  such  individual  or  individuals  aggrieved,  against  such  persons  as  shall, 
after  notice  as  aforesaid,  neglect  or  refuse  to  pay  the  sums  assessed  and  apportioned 
on  him  or  them,  commanding  him  or  them  to  appear  before  the  said  court  of  quarter 
sessions,  on  a  day  certain,  therein  to  be  named,  699 

13.  The  defendant  or  defendants  to  such  scire  facias  then  and  there  to  show 
cause  why  the  amount  of  the  said  assessment  and  apportionment  should  not  be  le¬ 
vied  of  his  goods  and  chattels,  lands  and  tenements,  with  the  costs  thereof,  699 

14.  And  the  said  court  of  quarter  sessions,  unless  sufficient  cause  be  shown, 

shall,  and  they  are  duly  authorized  to  issue  an  execution,  and  levy  the  same,  in  the 
same  manner  that  judgments  in  civil  actions  are  levied,  699 

15.  As  soon  as  the  costs  and  damages  so  assessed  and  apportioned  shall  be  paid, 

or  tendered  to  the  individuals  entitled  to  receive  the  same,  the  court  of  quarter  ses¬ 
sions  shall  order  the  said  streets  and  highways  to  be  opened;  and  they  shall  thence¬ 
forth  be  subject  to  the  same  rules  and  regulations  as  other  streets  and  highways  in 
the  said  city  and  county  are  subject,  699 

16.  The  costs  of  viewing,  and  of  assessing  and  apportioning  the  damages,  &c. 

and  of  opening  the  said  streets  and  highways,  to  be  regulated  in  the  same  manner 
as  the  costs  of  similar  proceedings  under  the  Jaws  of  this  commonwealth,  for  ma¬ 
king  and  repairing  of  roads,  &c.  699 

17.  Act  of  assembly  entitled,  “a  further  supplement  to  the  act  entitled  an  act 

to  incorporate  the  city  of  Pittsburgh  and  for  other  purposes,”  passed  15th  of  April, 
1835,  697-99 

18.  Court  of  quarter  sessions  of  Allegheny  county  to  appoint  viewers,  &c.  to 

lay  out  Duquesne  Way;  duty  of  viewers;  proceedings  in  court;  assessment  of  dama¬ 
ges;  record  of  proceedings,  &c.  771-72 

19.  Court  authorized,  at  any  time  before  the  1st  of  June,  1837,  to  order  and  ap¬ 

point  three  disinterested  freeholders,  not  resident  of  the  new  district,  as  commis¬ 
sioners,  who  shall  be  sworn  or  affirmed,  &c.  and  perform  certain  duties  with  re¬ 
gard  to  the  surveying  and  division  of  the  new  city  district,  773-4 

20.  Vacancies  in  the  board  of  commissioners,  to  be  filled  up  by  new  appoint¬ 
ments,  &c.  by  the  court,  774 

21.  Plans  of  said  new  districts  to  be  made  by  the  viewers  and  filed  in  the  office 

of  the  clerk  of  the  court  of  quarter  sessions,  and  to  be  open  to  public  inspection 
and  examination,  774-5 

22.  Court  of  quarter  sessions  to  examine  the  said  reports,  hear  objections  to  the 

same,  and  to  make  alterations  in  the  lanes,  streets  or  alleys  of  the  plans  reported, 
and  to  establish  and  confirm  the  same,  &c.  775 

23.  After  confirmation  the  maps  or  plans  of  said  new  districts  and  sections,  and 

the  streets,  lanes  and  alleys  so  approved  by  the  court  of  quarter  sessions,  shall  for¬ 
ever  after  be  deemed,  adjudged  and  taken  as  public  highways,  775 

24.  The  opening  of  the  said  streets,  lanes  and  alleys  in  the  new  district,  accord¬ 

ing  to  the  maps  and  plans  confirmed  by  the  court,  shall  not  take  place,  until  all  the 
provisions  of  the  act  of  assembly  shall  have  first  been  complied  with,  775 

25.  Court  of  quarter  sessions  to  receive  petitions  from  persons  aggrieved  by 

the  proceedings  of  the  city  councils,  in  opening  new  streets,  lanes  or  alleys  within 
the  city,  or  in  opening,  widening  or  extending  of  any  of  the  streets,  lanes  or  alleys 
already  laid  out,  776 

26.  The  same  proceedings  thereon  to  be  had  in  the  said  court  of  quarter  ses¬ 

sions  in  every  respect,  as  are  usually  had  in  said  court  for  the  view  and  appraise¬ 
ment  of  damages,  the  report  and  confirmation  thereof,  under  the  provisions  of  the 
general  road  laws  of  this  commonwealth,  776 

CULVERTS. 

Culverts,  of  not  less  than  three  feet  in  diameter,  to  be  placed  at  Grant  street, 
Cherry  alley,  Smithfield  street,  Wood  street,  Market  street,  Ferry  street,  Short 
street,  Liberty  street,  and  Penn  street,  and  between  Penn  street  and  the  Point,  as 
marked  on  the  diagram  filed  in  the  office  of  the  recording  regulator,  724 

DAMAGES. 

1.  The  viewers  appointed  by  the  court  of  quarter  sessions  of  Allegheny  coun- 


INDEX 


839 


tv,  for  the  purpose  of  ascertaining  the  propriety  of  opening  and  extending  certain 
public  streets  of  the  city,  authorized,  at  the  same  time,  to  assess  and  apportion  the 
damages  incurred  by  individuals  in  consequence  thereof,  698 

2.  Such  report,  when  made,  to  be  filed  and  entered  of  record  in  said  court  of 

quarter  sessions,  and,  when  approved  by  the  court,  to  be  final  and  conclusive  against 
all  parties  affected  thereby,  owning  or  claiming  to  own  the  property  adjudged  by 
the  said  viewers  to  be  so  benefited  by  the  opening  of  the  said  streets  and  high¬ 
ways,  698 

3.  The  several  sums  so  assessed  and  apportioned  by  the  said  viewers,  to  be  and 

remain  a  lien  upon  the  property  adjacent  to  the  said  streets  and  highways,  by  them 
adjudged  to  be  benefited,  until  the  same*  together  with  the  costs,  shall  have  been 
paid  or  tendered  to  the  persons  entitled  to  receive  the  same,  699 

4.  Writs  of  scire  facias  may  issue  on  such  liens,  and  judgments  be  extended 

thereon,  and  executions  issued  to  satisfy  the  same,  to  be  levied  in  the  same  manner 
that  judgments  in  civil  actions  are  levied,  699 

5.  The  costs  accruing  in  consequence  of  the  viewing  and  opening  of  the  said 

streets  and  highways,  to  be  regulated  in  the  same  manner  as  the  costs  of  similar 
proceedings  are  regulated  under  the  laws  of  this  commonwealth,  for  making  and 
repairing  of  public  roads  and  highways,  699 

6.  The  owner  or  owners  of  any  ground  through  which  any  street  shall  be  o- 

pened,  extended  or  widened,  to  lead  to  the  Pittsburgh  gas  works,  may  proceed  in 
the  same  manner  to  obtain  indemnification  for  injury  he  or  they  may  sustain  there¬ 
by,  as  is  directed  by  the  several  acts  in  force,  and  providing  for  the  opening  of  pub¬ 
lic  roads  in  this  commonwealth,  717 

7.  Damages  sustained  by  owners  of  lots,  in  the  block  of  lots  on  Liberty  and 
Penn  streets,  by  the  opening  and  extension  of  Exchange  alley,  from  St.  Clair  to 
Irwin  street,  to  be  assessed  by  the  viewers  appointed  by  the  court  of  common  pleas, 
taking  into  consideration  the  advantages  accruing  as  well  as  the  injury  done,  719 

8.  Report  of  viewers  to  be  filed  of  record  in  the  court  of  common  pleas,  and 

when  approved  of  by  the  said  court,  the  damages  shall  become  a  lien  against  1  he  lots 
upon  which  they  may  respectively  be  assessed,  and  may  be  recovered  by  writ  of 
scire  facias ,  for  the  use  of  the  person  in  favor  of  whom  such  damages  are  assessed, 
as  debts  secured  by  mortgage  are  now  by  law  recoverable,  719 

9.  Duquesne  Way  not  to  be  opened  as  a  publichigh  way,  until  all  the  provisions 

providing  for  the  assessment  of  damages,  and  compensation  to  the  owners  of  lots 
shall  have  first  been  fully  complied  with,  771 

10.  The  owner  or  owners  of  ground  through  which  any  street,  lane,  or  alley, 

in  the  new  city  district,  not  previously  laid  out  by  the  owners,  shall  be  opened,  may 
proceed  in  the  same  manner  to  obtain  indemnification  for  any  injury  he  or  they 
may  sustain  thereby,  as  is  directed  by  the  several  acts  in  force,  and  providing  for 
the  opening  of  public  roads  in  this  commonwealth,  776 

11.  In  all  cases  of  opening,  extending  or  widening  of  any  of  the  streets,  lanes 

or  alleys  of  the  city  already  laid  out,  persons  suffering  damages  may  petition  the 
court  of  quarter  sessions,  who  shall  make  the  necessary  orders  on  the  same,  and 
the  same  proceedings  in  every  respect  shall  be  had  thereon,  as  for  the  view  and  ap¬ 
praisement  of  damages  under  the  road  laws  of  this  commonwealth,  776 

12.  Councils  directed  to  cause  payment  of  the  damages  so  assessed,  when  ap¬ 

proved  or  confirmed  by  the  court  of  quarter  sessions;  and  if  such  damages  be  not 
paid  within  one  year  after  such  confirmation,  the  proceedings  thereon  to  be  held 
null  and  void,  777 

DAMAGED  AND  SOUR  FLOUR. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

DELINQUENTS  AND  DEFAULTERS. 

1.  Duty  of  the  collector  of  the  water  rents,  on  the  first  Monday  of  August  an¬ 

nually,  to  report  in  writing  to  the  register  and  assessor  of  the  water  rents  all  delin¬ 
quents  on  his  list  or  duplicate  of  water  rents,  681 

2.  Collector  to  make  oath  or  affirmation,  to  be  written  on  the  said  report,  and 


840 


INDEX. 


to  be  signed  with  his  name  and  that  of  the  alderman  or  magistrate  by  whom  the  same 
shall  be  administered,  that  he,  the  said  collector  has  demanded  payment  of  the  said 
water  rents  from  the  persons  residing  on  the  premises  or  owning  the  estates  charged 
therewith,  and  hath  not  received  the  same,  nor  any  part  thereof,  681 

3.  Notice,  in  writing,  to  be  immediately  given,  to  all  such  delinquents  and 

defaulters,  of  the  amount  of  the  water  rents  due  by  them  respectively;  and  that  un¬ 
less  the  same  shall  be  paid  before  the  expiration  of  two  weeks  thereafter,  they  will 
be  deprived  of  the  use  of  the  water,  681 

4.  And  that  suit  will  be  instituted  for  the  water  rent  due,  as  well  as  for  the 

charges  of  detaching  the  ferule  from  the  pipe  of  conduit,  and  the  expenses  of  re¬ 
pairing  over  the  water  pipe,  together  with*an  additional  ten  per  cent,  as  a  penalty 
for  such  delinquency,  681 

5.  On  the  failure  of  such  delinquents  and  defaulters  to  make  the  required  pay¬ 

ments,  the  register  and  assessor  of  the  water  rents  is  required  and  enjoined  to  make 
a  report,  in  writing,  on  the  first  Monday  of  September  annually,  containing  the 
name  and  residence,  with  the  rents  and  charges  due  by  each  delinquent  or  defaul¬ 
ter,  681 

6.  The  list  of  delinquents  and  defaulters,  to  be  delivered  by  the  assessor  and 

register  of  the  water  rents  to  the  superintendent  of  the  water  works,  who,  on  re¬ 
ceiving  said  list,  shall  forthwith  cause  the  ferules  of  all  such  delinquents  to  be  de¬ 
tached  from  the  pipe  of  conduit,  unless  the  amount  of  the  rent  due  be  paid  to  him, 
which  he  is  authorized  to  receive  and  pay  the  same  to  the  register  of  the  water 
rents,  681 

7.  The  register,  &c.  of  the  water  rents  shall  cause  suits  to  be  instituted  before 

the  mayor  or  any  of  the  aldermen  of  the  city,  against  all  such  delinquents  and  de¬ 
faulters,  for  the  recovery  of  the  water  rents  due  and  unpaid  as  well  as  for  the  char¬ 
ges  of  detaching  the  ferule  from  the  pipe  of  conduit,  and  the  expenses  of  repairing 
over  the  water  pipes,  with  costs  of  suit,  together  with  ten  per  cent  additional  on  the 
amount,  and  when  the  same  is  so  recovered,  he  shall  pay  the  same  over  to  the  city 
treasurer,  681 

DENNY,  HARMAR. 

1 .  Authorized  to  erect  a  bridge  over  the  canal  at  or  near  Washington  street,  of 
such  form  and  demensions  as  may  be  approved  of  by  the  canal  commissioners,  or 
by  the  chief  engineer  of  the  western  division  of  the  Pennsylvania  canal,  696 

2.  Corporation  of  the  city  of  Pittsburgh  not  to  incur  any  liabilities  for  the  con¬ 
struction,  preservation  or  repair  of  the  said  bridge,  .  696 

3.  The  western  abutment  of  the  said  bridge  to  be  constructed  in  such  form, 
and  of  such  grade,  as  shall  be  directed  by  the  recording  regulator  of  the  city,  696 

DENOMINATION  OF  WEIGHTS  AND  MEASURES. 

The  denomination  of  all  standards  of  weights  and  measures,  to  be  used  in 
Pennsylvania,  fully  set  forth  and  specified  in  the  act  of  assembly  of  the  15th  of 
April,  1834:  and  positive  standards  of  all  kinds  to  be  furnished  to* the  county  com¬ 
missioners  for  public  use,  and  to  be  used  for  no  other  purpose,  720-22 

DEPUTY  INSPECTORS. 

See  Title  “  Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there* 
to,  736-70 

DESERTION  OF  CHILDREN. 

In  cases  of  desertion  by  husband  or  wife,  warrants  of  apprehension  to  be  issued 
by  magistrates,  and  the  parties,  if  apprehended,  bound  over  with  security  for  their 
appearance  at  the  next  court  of  quarter  sessions,  78dt4^ 

DIAMOND  ALLEY. 

Diamond  alley,  Virgin  alley,  and  Sixth  street,  to  be  each  of  them  graded  from 
Grant  street  a  uniform  descent  to  Smithfield  street,  716 

DIAMOND  MARKET  HOUSE. 

1.  The  annual  rents  of  the  stalls  in  the  Diamond  market  house  to  be  increased, 


INDEX. 


841 


after  1833;  no  stall  to  be  rented  for  less  than  $30;  and  for  stalls  heretofore  rented  at 
$18,  the  rent  to  be  increased  to  $35,  and  for  all  stalls  heretofore  rented  at  $22,  the 
rent  to  be  increased  to  $40,  661-2 

2.  Mayor  authorized  to  grant  licenses  to  persons  following  the  business  of  sell¬ 

ing  country  produce  at  second  hand,  to  have  portable  stands  placed  within  the  mar¬ 
ket  place  in  the  Diamond  market  house,  at  such  place  or  places  as  may,  from  time 
to  time,  be  directed  by  the  officers  of  the  market,  for  the  purpose  of  exposing  to  sale 
such  articles  of  country  produce  as  they  may  have  purchased  without  the  limits  of 
the  city,  725 

3.  Each  and  every  person  wishing  to  be  licensed  for  the  purposes  aforesaid,  to 

pay  to  the  mayor  for  the  use  of  the  city,  the  sum  of  $10  per  year;  and  occasional 
visiters  the  sum  of  37|  cents  per  day,  to  be  paid  to  the  clerk  of  the  markets,  for  the 
use  of  the  city,  725 

4.  Full  power  vested  in  the  mayor  and  aldermen  of  the  city,  in  cases  of  con¬ 
viction,  under  any  of  the  city  ordinances  which  impose  a  fixed  penalty,  to  fine  from 
one  dollar  up  to  the  sum  or  sums  so  fixed,  as  the  equity  of  the  case  may  require,  725 

5.  The  rents  of  stalls  in  the  Diamond  market  house  to  be  increased  after  the 
expiration  of  the  year  1836;  the  rents  of  said  stalls  to  be  paid  in  advance  as  hereto¬ 
fore;  but  present  occupants  to  have  a  preference  in  the  renting  of  said  stalls,  792 

DIAMOND  STREET. 

Diamond  street  to  be  graded  from  Grant  street,  eastwardly,  177  J  feet,  at  a  uni¬ 
form  ascent  of  five  inches  in  every  ten  feet,  and  thence,  at  a  uniform  descent,  one 
inch  and  eight  tenths  in  every  ten  feet,  to  Ross  street,  716 

DIRECTORS  OF  THE  POOR. 

To  publish,  annually,  a  statement  of  their  accounts,  after  fully  rendering  the 
same,  785 

DIRECTORS  OF  SCHOOLS. 

1.  See  appendix  No.  Ill,  808 

2.  See,  also.  Title  “  Education  and  Common  Schools,”  and  the  act  of  assem¬ 

bly,  commonly  called  the  general  school  law,  entitled  “an  act  to  consolidate  and 
amend  the  several  acts  relating  to  a  general  system  of  education  by  common 
schools,”  passed  13th  of  June,  1836,  726-35 

DIRT. 

1.  To  be  removed  from  all  places  where  it  may  accumulate  within  the  city, 

and  to  be  placed  where  it  cannot  be  injurious  to  the  city  water  works,  by  the  street 
commissioner,  under  the  orders  of  the  sanitary  board,  660 

2.  Not  to  be  deposited  at  any  place  within  the  city,  other  than  at  the  public 

float,  at  the  junction  of  the  Allegheny  and  Monongahela  rivers,  under  a  penalty  of 
ten  dollars  for  every  offence,  663 

3.  The  contents  of  all  foul  and  offensive  vaults  or  privies  to  be  deposited  at 
such  place  as  shall  be  designated  by  the  street  commissioner,  and  at  no  other,  674 

DISORDERLY  PERSONS. 

All  disorderly  persons,  persons  mimicking  the  watch,  or  insulting  them,  and  all 
drunkards,  vagrants,  felons,  and  suspicious  persons  to  be  apprehended  by  the  watch¬ 
men,  and  conveyed  to  the  public  watch  house,  and  thence,  at  the  proper  time,  to 
the  mayor’s  office,  for  examination  and  punishment,  713-14 

DISTILLERS  AND  MILLERS. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

DISTRICTS. 

1.  The  city  to  be  divided  into  districts,  by  the  sanitary  board,  for  the  purpose 


842 


INDEX. 


of  preventing  the  introduction  of  the  cholera,  or  any  other  epidemic  disease,  and 
assistants  to  be  appointed  for  each  district,  659 

2.  The  joint  committee  of  the  councils,  on  the  subject  of  the  permanent  city 
watch,  required  to  divide  the  city  into  suitable  districts  for  the  several  watch¬ 
men,  713 

DISTRICT  COURT. 

1.  All  indictments  and  civil  actions  now  pending,  or  hereafter  to  be  preferred 

or  instituted  in  any  of  the  courts  of  civil  or  criminal  jurisdiction  within  the  city  of 
Pittsburgh,  or  county  of  Allegheny,  wherein  the  city  of  Pittsburgh  may  be  directly 
or  indirectly  interested,  to  be  tried  in  the  district  court  of  Allegheny  county,  before 
a  iury,  from  which  all  persons  resident  or  owning  real  property  in  said  city  shall 
be  excluded,  777 

2.  And  also,  in  all  cases  wherein  the  validity  of  any  regulation  of  a  street  or 

alley  in  said  city,  made  either  before  or  since  its  incorporation  as  a  city,  may  be 
brought  in  question,  although  the  said  city  of  Pittsburgh  may  not,  by  its  corporate 
name  be  a  party  to  the  record,  the  same  shall  be  tried  in  the  said  district  court  of 
Allegheny  county,  before  a  jury,  from  which  all  persons  resident,  or  owning  real 
property  in  the  said  city  shall  be  excluded,  777 

3.  In  all  such  cases,  the  certificate  of  the  mayor’s  court  of  the  city  of  Pitts¬ 

burgh,  or  of  the  president  judge  of  the  fifth  judicial  district  composed  of  Alleghe¬ 
ny  county,  that  the  indictment  or  civil  cause  proposed  to  be  removed,  is  in  his  opin¬ 
ion  within  the  meaning  of  the  act  of  the  16th  June,  1836,  shall  be  conclusive  evi¬ 
dence  of  the  jurisdiction  of  the  said  district  court  in  such  case,  777-78 

4.  In  such  cases,  after  such  certificate  is  granted,  the  indictment  and  all  papers 

connected  therewith,  if  it  be  a  criminal  case,  or  the  original  writ  and  all  papers  con¬ 
nected  therewith,  if  it  be  a  civil  case,  shall  be  transmitted  to  the  said  district 
court,  778 

5.  If  in  the  trial  of  any  such  indictment  or  court  action,  question  of  law  shall 

be  raised  by  either  party,  the  decision  thereof  by  the  said  district  court  shall  not  be 
final,  but  either  party  may  appeal  from  such  decision  to  the  supreme  court,  upon 
entering  into  recognizances  in  the  district  court,  for  the  payment  of  all  costs,  in 
case  the  judgment  of  the  supreme  court  should  be  adverse  to  such  appellant,  and 
filing  of  record,  at  the  same  time,  a  specification  of  his  reasons  for  entering  the  ap¬ 
peal,  778 

6.  The  district  court  shall  have  power  to  take  the  recognizances  of  the  defend¬ 

ant  or  witnesses  in  any  indictment  which  may  be  removed  to  said  court,  for  the 
purpose  of  securing  their  attendance  upon  the  trial  thereof,  and  of  passing  sentence 
when  the  verdict  of  the  jury  shall  be  against  the  defendant,  778 

DISTRICT  SCHOOLS. 

1.  See  Appendix  No.  Ill,  880 

2.  See,  also,  Title  “Education  and  Common  Schools,”  and  the  act  of  assembly, 

commonly  called  the  general  school  law,  entitled  “an  act  to  consolidate  and  amend 
the  several  acts  relating  to  a  general  system  of  education  by  common  schools,” 
passed  13th  June,  1836,  726-35 

DIVIDENDS. 

1.  Trustees  of  the  Pittsburgh  gas  works  required  to  declare  a  dividend  of  the 

profits  arising  from  the  manufacture  and  sale  of  gas,  semi-annually,  on  the  first  days 
of  February  and  August,  after  deducting  the  cost  of  the  gas  works  lot,  the  expense 
of  manufacturing  the  gas,  the  cost  of  repairs  to  the  works,  and  the  incidental  charges 
of  the  establishment;  and  to  issue  a  requisition  on  the  mayor  for  the  payment  of  the 
said  dividends  to  the  holders  of  certificates,  688 

2.  All  dividends  declared  on  the  stock  of  the  Pittsburgh  gas  works,  when  held 
by  persons  residing  within  the  city  of  Philadelphia,  to  be  made  payable  to  the 
holders  thereof  at  the  Schuylkill  Bank,  or  such  other  place  within  the  city  of  Phila¬ 
delphia,  as  the  councils  of  the  city  of  Pittsburgh  may  by  ordinance  designate,  691 

DIVISION  OF  WARDS. 

1.  Select  and  common  councils  of  the  city,  on  the  first  Tuesday  of  January, 


INDEX, 


843 


1834,  and  annually  thereafter,  to  divide  the  city  into  four  wards,  or  districts,  so  as 
to  make  the  number  of  taxable  inhabitants  of  each  ward  of  the  city,  as  nearly  e- 
qual  as  may  be,  702 

2.  Councils  to  fix  the  places  of  holding  all  general  and  city  elections  for  the 

different  wards,  at  suitable  houses  within  the  bounds  of  the  respective  wards,  and 
not  elsewhere,  and  to  change  the  same  as  often  as  public  convenience  may 
require,  702-3 

3.  The  city  divided  into  four  wTards, for  general  and  city  elections,  according 

to  the  provisions  of  the  act  of  assembly  of  the  26th  of  December,  1833,  795 

DOGS. 

1.  Mayor  authorized  to  appoint  a  suitable  person  to  assess  the  owners  of  dogs 

within  the  city,  797 

2.  Assessment  to  be  returned,  under  oath,  to  the  city  treasurer,  on  or  before 

the  first  of  March  annually,  797 

3.  Amount  of  the  annual  assessment  for  dogs  belonging  to  householders,  $2, 

for  the  first,  and  $4  for  each  and  every  dog  boyond  the  first,  797 

4.  Assessment  on  dogs  owned  by  residents,  not  householders,  $5  for  each  and 

every  dog  owned  or  possessed  by  such  persons,  within  the  city,  797 

5.  Assessment  of  female  dogs — $6,  for  the  first,  and  $10,  for  every  one  beyond 

the  first,  797 

6.  The  taxes  on  dogs  to  be  collected  by  the  collectors  of  the  city  taxes,  in  the 

same  manner,  and  upon  the  same  terms  and  conditions,  as  other  city  taxes  are  col¬ 
lected,  797 

7.  Duty  of  all  persons  to  register  their  dogs,  if  neglected  by  the  assessor,  and 

no  person  to  put  a  collar  on  any  dog,  unless  the  taxes  for  such  dog  are  paid,  under 
a  penalty  of  not  less  than  $10,  nor  more  than  $20,  for  each  offence,  797 

DOMESTIC  DISTILLED  SPIRITS. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 


DRUNKARDS. 

All  drunkards  and  vagabonds,  as  well  as  suspicious  persons,  to  be  apprehended 
by  the  watchmen,  and  conveyed  to  the  watch  house,  and  from  thence,  at  the  proper 
time  to  the  mayor’s  office,  for  examination  and  punishment,  713-14 

DRY  MEASURES. 

The  positive  standard  of  dry  measures  fixed  and  determined  by  act  of  assem¬ 
bly,  720-21 

DUQUESNE  WAY. 

A  public  way  or  street,  to  be  called  Duquesne  Way,  to  belaid  out  forty  feet 
wide,  from  the  eastern  boundary  of  the  city  to  Water  street,  on  a  line  parallel 
with  Penn  street,  to  be  graded  not  more  than  four  feet  below  the  grade  of  Penn 
street,  770-71 

EASTERN  BOUNDARY  OF  THE  CITY. 

Duquesne  Way  to  be  laid  out  on  a  parallel  line  with  Penn  street,  from  Water 
street  to  the  eastern  boundary  of  the  city,  forty  feet  wide,  and  at  a  grade  of  not 
more  than  four  feet  below  the  level  of  Penn  street.  770-71 

EAST  WARD. 

1.  All  general  and  city  elections  within  the  bounds  of  the  Eastward  of  the  city, 

to  be  held  at  the  house  of  John  Dully,  corner  of  Wood  and  Fifth  streets,  664 

2.  The  boundaries  of  the  East  Ward ,  hereafter  to  be  as  follows:— so  much  of 

the  cky  as  lies  east  of  the  middle  of  Liberty  street,  Diamond  alley,  and  the  boun¬ 
daries  of  the  South  ward,  067 

3.  So  much  of  the  city  as  lies  south  of  the  middle  of  Liberty  street,  east  of  th« 


844 


INDEX. 


middle  of  Market  street,  Diamond  alley,  and  the  boundaries  of  the  South  ward,  to 
constitute  the  boundaries  of  the  East  Ward ,  705 

4.  The  general  and  city  elections  for  the  East  Ward  of  the  city  to  be  held  at 

the  house  of  John  Dully,  corner  of  Wood  and  Fifth  street,  705 

5.  The  place  for  holding  the  general  and  city  elections  for  the  East  Ward  of 

the  city  altered  and  fixed  at  the  house  now  occupied  by  Michael  Smith,  in  Liberty 
street,  facing  Hand  street,  794 


EDUCATION  AND  COMMON  SCHOOLS. 

1.  See  appendix,  No.  Ill,  page,  *  880 

2.  Act  of  assembly,  commonly  called  the  general  school  law,  entitled  “an  act 

to  consolidate  and  amend  the  several  acts  relative  to  a  general  system  of  education 
by  common  schools,”  passed  13th  June,  1836,  726-35 

3.  Formation  of  separate  school  districts,  726 

4.  Time  and  place  of  electing  school  directors,  ib 

5.  Proviso  as  to  elections  in  new  districts,  727 

6.  Organization  of  the  boards  of  directors  &c.  ib 

7.  Taxes  be  levied  annually  for  school  purposes,  ib 

8.  Public  meetings  of  the  inhabitants  to  be  held  in  the  several  districts,  on  the 

first  Tuesday  of  May  annually,  727 

9.  Assessors  to  furnish  the  boards  of  directors  with  correct  copies  of  their  du¬ 
plicates,  727 

10.  Amount  of  poll  and  other  taxes  to  be  levied  on  the  inhabitants  for  school 

purposes,  727-8 

11.  Mode  of  levying,  apportioning  and  collecting  of  the  taxes  assessed  for 

school  purposes,  728 

12.  Mistakes  in  assessments  to  be  rectified,  and  exonerations  to  be  entered  on 

record,  728 

13.  Powers  and  duties  of  collectors  of  the  school  tax,  to  be  the  same  as  those 

of  collectors  of  county  taxes,  &c.  728 

14.  School  tax  on  unseated  lands,  how  to  be  collected,  ib 

15.  General  duties  of  the  school  directors,  729 

16.  School  districts  may  be  divided  into  sub-districts,  ib 

17.  Of  the  building  of  school  houses,  ib 

18.  Supervision  of  the  schools,  when  established,  ib 

19.  Payment  of  the  expenses,  &c.  ib 

20.  Visitation  of  the  schools,  after  established,  ib 

21.  School  districts  may  be  united,  .  ib 

22.  Annual  reports  to  be  made  by  the  board  of  directors,  to  the  superintendent 

of  common  schools  at  Harrisburgh,  729 

23.  Compensation  and  exemptions  to  the  school  directors,  ib 

24.  Formation  of  sub-school  districts,  730 

25.  Of  the  choice  of  schools,  ib 

26.  Duty  of  the  school  directors,  in  cases  of  neglect  to  elect  school  commit¬ 
tees,  730 

27.  Duties  of  the  district  treasurers,  ib 

28.  Secretary  of  the  commonwealth  to  be  superintendent  of  common  schools, 

and  his  duties  set  forth,  730-31 

29.  All  necessary  blank  forms  to  be  furnished  by  the  superintendent,  and  trans¬ 
mitted  to  the  county  commissioners,  730 

30.  Duty  of  the  superintendent  to  make  an  annual  report  on  the  condition  of 

the  schools  to  the  legislature,  730 

31.  To  sign  all  orders  drawn  on  the  state  treasurer  in  favor  of  the  district 

treasurer,  730-31 

32.  To  adjust  and  settle  all  controversies  arising  among  the  school  directors  of 

any  district  or  adjoining  districts,  without  cost  to  the  parties,  731 

33.  Annual  statements,  of  the  amounts  due  by  the  State  to  each  school  dis¬ 
trict,  to  be  transmitted  to  the  county  commissioners,  in  the  month  of  February,  731 

34.  Statement  to  be  published  three  times  in  one  or  more  newspaper  of  the 

proper  county,  731 

35  Appropriations  of  the  funds  for  the  support  of  common  schools  regulated 
after  the  year  1837,  731 


INDEX* 


845 


36.  Balance  of  former  appropriations,  how  to  be  settled  and  accounted  for,  731 

37.  Undrawn  balances  to  be  repaid  to  the  school  fund  annually,  731-32 

38.  Residents  of  school  districts  to  draw  their  warrants  on  the  State  treasurer 

annually,  732 

39.  Meetings  to  be  held  annually  in  districts  not  organized  for  school  purpo¬ 
ses,  732 

40.  Of  the  organization  of  such  meetings,  ib 

41.  Electors  to  vote  at  such  meetings  by  ballot  “school”  or  “no  school,”  ib 

42.  Of  the  counting  of  the  votes  taken  at  such  meetings,  ib 

43.  Result  of  the  decision  of  such  meetings  to  be  certified  to  the  county  com¬ 
missioners,  732 

44.  Meetings  to  be. held  in  each  of  the  school  districts,  on  the  first  Tuesday  in 

May,  1836,  if  deemed  expedient  by  the  directors,  732 

45.  And  meetings  to  be  held  on  the  same  day  in  every  third  year  thereafter,  ib 

46.  Questions  as  to  the  continuation  of  the  schools,  how  to  be  determin¬ 


ed,  733 

47.  If  “no  school”  is  carried  the  same  to  be  certified  to  the  county  commis¬ 
sioners,  733 

48.  School  directors  authorized  to  purchase  and  hold  real  and  personal  estate 

for  school  purposes,  733 

49.  Of  estates  held  by  trustees  for  school  purposes,  ib 

50.  Provisions  of  former  acts  of  assembly  continued  in  force  for  particular  pur¬ 
poses,  733 

51.  Duties  of  the  county  commissioners  prescribed  and  regulated  in  certain 

cases,  733 

52.  Schools  endowed  by  bequest,  &c.  to  remain  under  the  direction  of  trus¬ 
tees,  &c.  on  certain  conditions,  734 

53.  Former  acts  of  assembly  repealed,  ib 

54.  Delegates  who  did  not  attend  and  vote  under  former  laws,  allowed  till  1st 

of  August,  1836,  to  record  their  votes,  734 

55.  School  year  to  end  on  the  1st  Monday  of  June  annually;  present  school 

year  to  end  first  Monday  of  June,  1837,  734-5 

56.  Copies  of  the  general  school  law  to  be  sent  by  the  superin  tendentof  com¬ 

mon  schools  to  the  county  commissioners  of  every  county,  and  be  published  in 
the  newspapers,  &c.  735 

57.  Copies  of  the  school  law  to  be  furnished  by  the  county  commissioners  to 

each  of  the  school  directors,  735 

58.  No  State  tax  for  school  purposes  to  be  collected  for  the  school  year  of 

1836,  789 


ELECTIONS. 

1.  General  and  city  elections  to  be  held  at  particular  houses  in  each  of  the 

wards  of  the  city,  according  to  the  directions  of  the  act  of  assembly  of  the  2d  of 
April,  1833,  663 

2.  Elections  for  the  North  ward,  to  be  held  at  the  house  of  Thomas  Wynne, 

corner  of  Liberty  and  St.  Clair  streets,  664 

3.  Elections  for  the  South  ward,  to  be  held  at  the  house  of  William  Alexan¬ 
der,  corner  of  Smithfield  and  Third  streets,  664 

4.  Elections  for  the  East  ward,  to  be  held  at  the  house  of  John  Dully,  corner 

of  Wood  and  Fifth  streets.  664 

5.  Elections  for  the  West  ward,  to  be  held  at  the  court  house  in  the  Dia¬ 
mond,  664 

6.  Councils  to  meet  on  the  first  Tuesday  of  January,  annually,  and  divide  the 

city  into  four  wards  or  districts,  for  election  purposes,  according  to  the  provisions  of 
the  act  of  assembly  of  the  26th  of  December,  1833,  666 

7.  To  fix  the  places  for  holding  all  general  and  city  elections  for  the  several 

wards,  at  particularly  designated  houses  within  the  bounds  of  the  respective  wards, 
and  not  elsewhere,  666 

8.  All  general  and  city  elections,  to  be  hereafter  held  as  follows: — North  Ward , 
at  the  house  of  Thomas  Wynne,  corner  of  Liberty  and  St.  Clair  streets — South 
Ward ,  at  the  house  of  William  Alexander,  corner  of  Smithfield  and  Third  streets — 


846 


INDEX. 


East  Ward ,  at  the  house  of  John  Dully,  corner  of  Wood  and  Fifth  streets — West 
Ward,  at  the  court  house  in  the  Diamond,  667 

9.  Officers  of  the  city  to  be  chosen  by  the  city  councils,  in  joint  meeting,  on 

the  third  Tuesday  of  January,  annually,  in  place  of  the  second  Tuesday,  as  hereto¬ 
fore,  668 

10.  The  place  of  holding  the  general  and  city  elections  in  the  North  ward  of 

the  city,  fixed  at  the  house  of  James  Armstrong,  corner  of  Penn  and  St.  Clair 
streets,  702 

11.  City  councils  authorized  and  required  to  fix  the  places  of  holding  all  gene¬ 

ral  as  well  as  city  elections,  for  the  different  wards  of  the  city,  at  suitable  houses 
within  the  bounds  of  the  respective  wards,  and  not  elsewhere,  and  to  change  the 
same  as  often  as  public  convenience  may  require,  702-3 

12.  The  general  and  city  elections  for  the  East  and  South  wards  of  the  city  to 

be  hereafter  held,  for  the  East  Ward,  at  the  house  now  occupied  by  Michael  Smith, 
in  Liberty  street,  facing  Hand  street,  and  for  the  North  Ward,  at  the  house  now 
occupied  by  William  J.  Lyon,  corner  of  Third  and  Grant  streets,  794 

ELECTION  RETURNS. 

1.  The  persons  authorized  to  hold  the  city  elections,  to  meet  within  24  hours 

thereafter,  at  the  court  house  in  the  Diamond,  and  then  and  there  make  out  and  pre¬ 
pare  a  regular  return  of  the  same,  under  their  hands  and  seals,  668 

2.  One  copy  of  the  official  return  of  all  city  elections  to  be  given  by  the  elec¬ 

tion  officers  to  the  president  of  the  select  council,  and  the  original  returns  to  be 
filed  in  the  office  of  the  clerk  of  the  city  court,  668 

3.  Councils,  in  joint  meeting,  to  examine  the  election  returns,  and  to  hear  all 

remonstrances  and  objections  to  the  same,  and  to  determine  and  declare  the  persons 
qualified,  having  the  greatest  number  of  votes,  to  be  legally  elected,  668 

4.  In  all  cases  where  an  election  for  city  officers  has  been  illegally  or  unfairly 

conducted,  or  the  number  of  legal  votes  given  may  render  the  result  doubtful,  the 
councils  shall  have  the  power  to  set  the  same  aside,  and  to  order  a  new’  election, 
giving  notice  thereof,  as  in  the  case  of  other  special  elections,  668 

ELECTION  FOR  SCHOOL  DIRECTORS. 

For  election  of  school  directors,  &c.,  see  “  Education  and  common  schools,” 
and  also  act  of  assembly,  “  relating  to  a  general  system  of  education  by  com¬ 
mon  schools,”  passed  13th  June,  1836.  726-735 

ELECTORS. 

To  vote  at  the  city  and  general  elections,  at  no  other  place  than  in  the  wards 
within  which  they  respectively  reside,  703 

EMPLOYMENT  OF  THE  POOR. 

See  the  act  of  assembly  entitled  “  an  act  relating  to  the  employment  and  sup¬ 
port  of  the  poor,”  passed  13th  of  June,  1836,  page,  778-788 

See,  also,  Title,  “Overseers  of  the  Poor.” 

ENGINEERS  OF  CANAL. 

Chief  engineer  of  the  western  division  of  the  Pennsylvania  canal,  to  prescribe 
or  approve  of  the  form  and  dimensions  of  the  bridge  authorized  to  be  built  by  Har- 
mar  Denny,  over  the  Pennsylvania  canal,  at  or  near  Washington  street,  in  Pitts¬ 
burgh,  696 

ENGINEERS  OF  FIRE  COMPANIES. 

To  have,  along  with  the  fire  wardens,  full  power  and  authority,  to  perform  all 
duties  which  are  required  of,  and  enjoined  upon  the  city  constables,  in  arresting 
and  prosecuting  offenders,  in  cases  of  interruption  in  the  discharge  of  their  duties, 
&c.,  671 

ENGINEERS  AND  CONDUCTORS. 

1.  All  engineers  and  conductors  of  cars  of  any  locomotive  engines,  engaged  in 
the  transportation  of  passengers,  or  of  goods,  wares,  or  merchandise  of  any 


INDEX. 


847 


description,  liable  to  indictment  and  punishment  by  fine  and  imprisonment,  at  the 
discretion  of  the  court,  for  gross  negligence  or  wilful  misconduct,  whereby  pas¬ 
sengers  or  other  persons  may  be  injured.  788 

2.  See  act  of  assembly,  entitled  “  an  act  for  the  prevention  of  injuries  to 
individuals,  by  the  gross  negligence  or  wilful  misconduct  of  stage  drivers  and 
others,”  passed  14th  of  April,  1836,  788 

EPIDEMIC  DISEASES. 

Sanitary  board  to  exercise  plenary  powers  to  prevent  the  introduction  of  the 
cholera  or  any  other  epidemic  disease  into  the  city,  659 

EQUALIZATION  OF  WARDS. 

Select  and  common  councils  of  the  city,  on  the  first  Tuesday  of  January,  1834, 
and  annually  thereafter,  to  divide  the  city  into  four  wards  or  districts,  so  as  to  make 
the  number  of  taxable  inhabitants  of  each  ward  of  the  city  as  nearly  equal  as  may 
be,  702 

ERECTION  OF  HOUSES. 

Duty  of  the  assessor  and  register  of  the  water  rents,  to  grant  permits  to  use  the 
hydrant  water  for  building  purposes,  to  all  persons  desiring  the  use  thereof,  who  are 
not  in  arrears  for  water  tax,  upon  the  terms  and  conditions  specified  in  the  joint 
resolution  of  councils  of  the  18th  March,  1836,  794-5 

ERRORS  AND  MISTAKES. 

See  Title,  “  Inspection  of  produce,”  and  also  act  of  assembly,  entitled  “  an  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

EXCHANGE  ALLEY. 

1.  The  3d,  4th,  5th,  and  6th  sections  of  the  act  of  assembly,  entitled  “  an  act 

relative  to  certain  streets,  alleys  and  public  landings,  in  the  county  of  Philadelphia, 
and  in  the  city  of  Pittsburgh,  and  for  other  purposes,”  passed  6th  April,  1833,  (see 
ante,  p.  606-8,)  extended  to  the  opening  of  Exchange  alley,  697-8 

2.  The  said  Exchange  alley  to  be  opened  twenty  feet  wide,  from  Hand  street 

to  Irwin’s  alley,  excepting  and  preserving  to  A.  L.  Kerr,  and  N.  W.  Prestley,  so 
much  of  the  said  alley  as  their  brick  buildings  now  stand  on,  so  long  as  the  said 
buildings  do  stand  698 

3.  Exchange  alley  to  be  opened  16  feet  wide,  through  the  block  of  lots  on  Lib¬ 

erty  and  Penn  streets,  from  St.  Clair  to  Irwin  street,  according  to  the  terms  and 
conditions  of  the  act  of  assembly  of  the  11th  of  April,  1835,  719 

EXECUTIONS. 

Executions  to  issue  on  the  judgments  of  the  court  of  quarter  sessions  in  all 
cases  of  scire  facias,  to  recover  the  damages  apportioned  and  assessed  upon  those 
benefited  by  the  opening  and  extension  of  certain  streets  and  highways,  under  the 
act  of  15th  April,  1836,  and  the  same  to  be  levied  in  the  same  manner  that  judg¬ 
ments  in  civil  actions  are  levied,  699 

EXPENDITURES. 

All  expenditures  for  sanitary  purposes  to  be  settled  by  the  board,  and  reported 
to  the  mayor,  who  shall  draw  his  warrants  on  the  city  treasurer  for  the  several 
amounts,  &c.,  659 

EXTENSION  OF  STREETS. 

1.  Court  of  quarter  sessions  of  Allegheny  county,  on  being  petitioned,  au¬ 

thorized  to  grant  a  view  for  the  purpose  of  ascertaining  the  propriety  of  opening 
and^extending  certain  streets  and  highways  within  the  city,  698 

2.  Sixth  street,  from  Grant  street  to  Coal  Lane,  698 

3.  Wylie  street,  to  Grant  street,  or  some  other  street,  within  the  city,  to  be  de¬ 
signated  by  the  viewers  to  be  appointed  by  the  said  court,  698 


848 


INDEX. 


4.  High  street,  from  Coal  Lane  to  the  Farmers’  and  Mechanics’  turnpike  road, 

at  some  point  near  the  Fort  Pitt  glass  works,  698 

5.  Proceedings  of  the  viewers,  assessment  and  apportionment  of  damages,  pay¬ 
ment  of  costs  and  charges,  particularly  regulated  and  set  forth.  698 

6.  No  order  for  the  opening  of  said  streets  to  be  granted  by  the  court  of  quarter 
sessions,  until  compensation  shall  be  first  made  or  tendered  to  the  owners  of  the 
ground  or  property  injured,  by  the  opening  and  extending  of  said  streets  698 

7.  Damages  incurred  by  the  holders  of  property,  in  consequence  of  the  open¬ 

ing  and  extension  of  such  streets,  &c.,  to  be  apportioned  among  the  holders  of  pro¬ 
perty  benefited  thereby,  lying  adjacent  to  such  streets,  &c.,  689 

8.  The  city  councils  authorized  and  empowered  to  open,  extend  and  widen 

such  street  or  streets,  as  they  may  deem  necessary  and  convenient  to  communicate 
between  the  public  streets  and  the  Pittsburgh  gas  works,  717 

9.  Exchange  alley  to  be  opened  and  extended  16  feet  wide  through  the  block 

of  lots  on  Liberty  and  Penn  streets,  from  St.  Clair  to  Irwin  street,  by  order  of  the 
court  of  common  pleas  of  Allegheny  county,  according  to  the  terms  and  condi¬ 
tions  set  forth  in  the  act  of  assembly  of  the  11  of  April,  1835,  719 

10.  A  public  street  or  high  way,  to  be  called  Duquesne  Way,  to  be  laid  out 

and  opened  from  the  eastern  boundary  of  the  city,  to  Water  street,  along  the  Alle¬ 
gheny  river,  on  a  line  parallel  with  Penn  street,  forty  feet  wide,  at  a  grade  of  not 
more  than  four  feet  below  the  level  of  Penn  street,  770-71 

11.  In  surveying,  locating,  and  marking  out  the  new  city  district  into  sections, 

squares,  streets,  lanes,  and  alleys,  according  to  the  direction  of  the  act  of  assembly 
of  the  16th  of  June,  1836,  all  the  streets,  lanes  and  alleys,  which  have  been,  pre¬ 
vious  to  the  making  of  the  map  or  plan  of  said  new  district,  laid  out  and  appropri¬ 
ated  by  private  persons  or  otherwise,  for  public  use,  or  for  the  use  of  the  owners  of 
lots  fronting  thereon,  or  adjacent  thereto,  to  be  adopted  in,  and  made  a  part  of  the 
said  general  plan,  with  such  increase  of  width  and  extension,  as  the  said  commis¬ 
sioners  or  viewers  may,  in  any  case,  deem  necessary  and  expedient,  774 

12.  City  councils  authorized  and  empowered  to  open  any  new  street,  lane  or 

alley  within  the  city,  or  to  open,  extend  and  widen  any  of  the  streets,  lanes  or  al¬ 
leys  of  the  city,  already  laid  out  and  to  determine  the  location  and  limits  of  the 
same,  according  to  the  provisions  of  the  act  of  assembly  of  the  16th  of  June, 
1836,  776 

FARMERS’  AND  MECHANICS’  TURNPIKE. 

L  High  street  to  be  opened  and  extended  from  Coal  lane  to  the  Farmers’  and 
Mechanics’  turnpike  road,  at  some  point  near  the  Fort  Pitt  glass  works,  698 

2.  When  soopenedand  extended,  to  be  deemed,  taken  and  allowed  to  be  a  pub¬ 

lic  street  and  highway  of  the  city  of  Pittsburgh  and  county  of  Allegheny,  the  same 
as  the  other  streets  and  highways  of  the  city  and  county,  698 

3.  Damages  incurred  to  private  property,  in  consequence  of  opening  and  ex¬ 

tending  such  street  and  highway,  to  be  assessed  and  apportioned  among  the  proper¬ 
ty  holders  benefited  thereby,  698 

4.  Not  to  be  opened  until  the  damages  so  assessed  and  apportioned  have  been 

first  paid  or  tendered  to  the  persons  entitled  to  receive  the  same,  699 

5.  All  costs  and  charges  attending  the  viewing,  &c.  of  said  street  and  highway, 

to  be  regulated  in  the  same  manner  as  the  costs  of  similar  proceedings  under  the 
State  laws,  for  making  and  repairing  of  roads  and  highways  in  this  common¬ 
wealth,  699 

6.  No  section  of  the  new  city  district,  to  be  located,  or  laid  out,  partly  on  one 

side,  and  partly  on  the  other  side  of  the  Farmers’  and  Mechanics’  turnpike  road,  as 
the  same  is  now  located  through  the  said  new  district,  773 

FASTENINGS  FOR  BOATS,  Ac. 

1.  Sixty  feet  from  the  curb  of  the  wharf,  a  row  of  fastenings  to  be  placed  along 

the  wharf,  40  feet  apart;  50  feet  above  which  another  row  of  fastenings,  the  same 
distance  apart;  and  50  feet  above  the  second  row,  a  third  row  of  fastenings  to  be 
fixed,  at  the  same  distance  apart,  as  designated  on  a  diagram  filed  in  the  office  of  the 
recording  regulator,  724 

2.  The  fastenings  to  be  either  of  locust,  not  less  than  seven  feet  long,  with  a 


INDEX. 


849 


ring  and  links  similar  to  those  now  in  use,  or  a  chain  securely  fastened  round  a  stone 
not  less  than  three  feet  long  and  one  foot  in  diameter,  to  be  placed  not  less  than  five 
feet  below  the  surface  of  the  ground,  724 

FEES. 

1.  Neither  the  officers  or  watchmen  allowed  to  claim  any  fees  or  costs,  or  at 

any  time  receive  any  gratuity  from  any  individual  whom  they  may  arrest,  or  who 
may  be  subject  to  their  power,  714 

2.  All  fees  or  costs  which  any  individual  of  the  watch  may  be  entitled,  to  be 

received  by  the  captain  or  first  lieutenant,  and  to  be  deposited  in  a  suitable  bank, 
under  the  direction  of  the  mayor,  to  be  divided  by  the  mayor  and  the  joint  com¬ 
mittee  of  councils,  among  the  several  watchmen  who  shall  have  distinguished 
themselves  by  their  good  conduct,  714 

FEES  AND  CHARGES. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

FEMALE  DOGS. 

Owners  of  female  dogs  to  pay  an  annual  tax,  of  $6,  for  the  first,  and  $10, 
for  every  one  beyond  the  first;  and  no  collar  to  be  put  on  any  dog  unless  the  tax  for 
the  current  year  has  been  first  paid,  under  a  penalty  of  not  less  than  $10,  nor  more 
than  $20,  for  each  offence,  797 

FERRY  STREET. 

A  culvert  of  not  less  than  three  feet  in  diameter,  to  be  placed  at  Ferry  street, 
according  to  a  diagram  filed  in  the  office  of  the  recording  regulator,  724 

FIFTH  STREET. 

Fifth  street  to  be  graded  a  uniform  descent,  westwardly,  from  Grant  to  Smith- 
field  street,  and  from  the  intersection  thereof  with  Smithfield  street,  the  grade  to 
be  a  uniform  descent  to  Wood  street;  and  the  grade  of  Fifth  street  to  be  continued, 
eastwardly,  175  feet,  to  an  elevation  of  four  feet  above  the  horizontal  line,  thence 
to  Ross  street  the  grade  to  have  a  uniform  descent  of  one  foot  six  inches  perpendic¬ 
ular,  663 

FILTH. 

1.  All  dirt  and  filth  to  be  removed  from  places  where  it  may  accumulate,  by 

the  street  commissioners,  and  be  placed  where  it  will  not  be  injurious  to  the  city 
water  works,  660 

2.  Not  to  be  deposited  at  anyplace  within  the  city,  other  than  atthe  public  float, 

at  the  junction  of  the  Allegheny  and  Monongahela  rivers,  under  a  penalty  of  ten 
dollars  for  every  such  offence,  663 

3.  The  contents  of  all  foul  and  offensive  vaults  or  privies,  to  be  deposited  at 
such  place  as  shall  be  designated  by  the  street  commissioner,  and  at  no  other,  674 

FINANCE  COMMITTEE. 

The  standing  committee  on  finance  to  provide  ways  and  means  for  the  payment 
of  $1070,  to  pay  the  debts  due  by  the  Vigilant  engine  and  hose  company,  due  by  them 
to  the  Firemen’s  insurance  company,  to  Merick  and  Agnew,  and  to  Pennock  and 
Sellers,  so  that  the  same  shall  be  paid  on  the  1st  of  July,  1836,  with  interest  from 
the  1st  of  July,  1835,  692 

FINES  AND  FORFEITURES. 

1.  Fine  of  five  dollars  and  costs  of  prosecution,  imposed  on  all  persons  who 

neglecl  or  refuse  to  obey  the  written  or  printed  orders  of  the  sanitary  board,  with 
respect  to  the  cleansing  and  purifying  the  gutters,  pavements,  and  spaces  in  front 
of  their  respective  lots,  660 

2.  Fine  of  two  dollars  to  be  imposed  for  every  offence,  for  obstructing  the 

188 


850 


INDEX. 


footway  in  front  of  the  court  house  and  public  offices  in  the  Diamond,  by  tables, 
benches,  barrels,  bags,  baskets,  furniture  or  vegetables,  662 

3.  A  fine  of  ten  dollars  to  be  imposed  on  any  person  who  shall  deposit  filth, 

&c.  at  any  other  place  within  the  city,  than  at  the  public  float,  at  the  junction  of 
the  Allegheny  and  Monongahela  rivers,  663 

4.  Mayor  authorized  to  remove  any  of  the  fire  wardens,  at  his  discretion,  and 

to  appoint  others  in  their  places,  or  to  fill  vacancies  as  they  occur,  671 

5.  Fine  of  not  less  than  $5  nor  more  than  $20,  to  be  imposed  on  all  persons 

emptying  and  cleansing  vaults  and  privies,  between  the  first  days  of  May  and  No¬ 
vember,  without  a  special  permit  in  writing  from  the  mayor  or  street  commission¬ 
er,  673 

6.  Cleansing  and  purifying  of  vaults  and  privies  to  be  performed  in  such  man¬ 

ner  as  not  to  obstruct  the  free  use  and  occupancy  of  public  and  private  property, 
and  not  to  annoy,  injure,  or  incommode  any  of  the  inhabitants  of  the  city,  under 
a  penalty  of  not  less  than  $5,  nor  more  than  $20,  674 

7.  Duty  of  the  city  solicitor,  upon  the  information  of  the  mayor  or  any  of  the 

aldermen,  to  proceed  and  recover  all  such  fines  and  penalties,  without  delay,  accor¬ 
ding  to  law,  674 

8.  Fine  of  ten  dollars  imposed  on  all  persons  using  any  other  than  the  patent 

break  lock,  on  wagons  or  other  wheeled  carriages,  when  passing  over  the  paved 
streets  of  the  city,  674-5 

9.  A  fine  or  penalty  of  ten  dollars  to  be  imposed  on  all  persons  exposing  for 

sale  any  carriage  or  carriages,  horses,  cattle,  or  animals  of  any  description,  in  or 
upon  any  of  the  public  squares,  streets,  lanes,  or  alleys  of  the  city,  690 

10.  Mayor  and  aldermen  of  the  city  of  Pittsburgh  to  have  full  power  and  au¬ 

thority  to  recover  summarily,  or  by  penal  action,  as  the  case  may  be,  any  fines  and 
forfeitures  inflicted  for  the  violation  of  the  provisions  of  any  of  the  city  ordinances, 
which  have  been  or  maybe  hereafter  ordained  and  enacted  by  the  councils  for  the 
government  of  the  said  city,  provided  such  fines  and  forfeitures  do  not  exceed  the 
sum  of  $100,  #  697 

11.  Persons  summarily  convicted,  or  against  whom  judgment  may  be  render¬ 

ed,  in  any  penal  action  of  debt,  at  the  suit  of  the  mayor,  aldermen  and  citizens  of 
Pittsburgh,  before  the  mayor,  or  any  of  the  aldermen,  may  appeal  from  such  con¬ 
viction  or  judgment,  within  ten  days  thereafter,  on  entering  bail  or  security,  ap¬ 
proved  of  by  the  mayor  or  alderman  before  whom  the  said  proceedings  are 
had,  697-700 

12.  Aldermen  and  justices  of  the  peace,  of  every  city,  incorporated  township 

and  borough,  in  this  commonwealth,  to  have  full  power  to  hear  and  determine  all 
actions  of  debt,  for  penalty,  for  the  breach  of  any  ordinance,  by  law,  or  regulation 
of  such  city,  borough,  or  township,  in  the  same  manner,  and  subject  to  the  same 
right  of  appeal ,  as  in  cases  of  debts  under  $100;  and  all  such  actions  shall  be  insti¬ 
tuted  in  the  corporate  name  of  such  city,  turnpike  or  borough,  697-700 

13.  The  mayor  and  aldermen  authorized  to  recover,  either  summarily,  by  con¬ 

viction,  or  by  penal  action,  any  fines  or  forfeitures  imposed  for  the  violation  of  any 
of  the  provisions  of  any  of  the  city  ordinances,  &c.  700 

14.  A  fine  of  five  dollars  to  be  imposed  on  any  person  riding,  driving  or  lead¬ 

ing  any  horse  or  other  animals,  within  the  space  enclosed  by  chains,  in  the  Dia¬ 
mond  market  house,  on  Market  days,  between  the  hours  of  six  and  ten  o’clock, 
A.  M.  702 

15.  A  fine  of  from  five  to  forty  dollars,  to  be  imposed  on  any  officer  of  the 

watch,  for  official  misconduct,  at  the  discretion  of  the  mayor,  to  be  recovered  as 
debts  of  like  amount  are  recoverable,  714 

16.  A  fine  of  from  one  to  ten  dollars  to  be  imposed  on  any  watchman,  for  offi¬ 
cial  misconduct,  to  be  recovered  in  like  manner,  714 

17.  A  fine  not  exceeding  ten  dollars,  or  imprisonment  not  exceeding  ten  days, 

to  be  imposed  on  all  persons  convicted  before  the  mayor  of  mimicking  or  insulting 
the  watchmen  in  the  discharge  of  their  duties,  714 

18.  Full  power  vested  in  the  mayor  and  aldermen  of  the  city,  in  cases  of  con¬ 

viction,  under  any  of  the  city  ordinances  which  impose  a  fixed  penalty,  to  fine  from 
one  dollar  up  to  the  sum  or  sums  so  fixed,  as  the  equity  of  the  case  may  re¬ 
quire,  825 


INDEX. 


851 


19.  See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an 

&ct  relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

20.  Stage  drivers,  engineers  and  conductors  of  cars  and  locomotives,  liable  to 

indictment.and  fine  and  imprisonment,  at  the  discretion  of  the  court,  for  gross  negli¬ 
gence  or  wilful  misconduct,  whereby  passengers  or  other  persons  may  be  injur¬ 
ed,  788 

21.  See  act  of  assembly,  entitled  “an  act  for  the  prevention  of  injuries  to  in¬ 

dividuals,  by  the  gross  negligence  or  wilful  misconduct  of  stage  drivers  and  others,” 
passed  1st  of  April,  1836,  788 

22.  If  any  person  shall  neglect  or  refuse  to  provide  and  place  stop  cock  boxes, 

made  after  the  model  to  be  kept  by  the  superintendent  of  the  water  works,  in  his 
office,  at  the  water  works,  or  shall  use  a  different  model,  such  person,  so  offending 
shall,  for  every  such  offence,  forfeit  and  pay  the  sum  of  ten  dollars,  794 

23.  No  person  to  place  a  collar  on  any  dog  or  slut,  without  first  paying  the  tax¬ 

es  for  such  dogs,  for  the  current  year,  under  a  penalty  of  not  less  than  $10,  nor 
more  than  $20,  for  each  offence,  797 

FIRES. 

1.  Mayor  to  appoint  as  fire  wardens,  not  more  than  five  persons  from  each  fire 

company,  to  be  recommended  to  him  by  the  “  Firemen’s  Association  of  Pitts¬ 
burgh.”  671 

2.  Fire  wardens  to  act  under  the  directions  of  the  chief  engineers  of  the  asso¬ 

ciation,  and,  along  with  such  engineers,  to  have  all  the  power  of  city  constables, 
on  occasions  of  fire,  to  arrest  and  prosecute  offenders,  in  cases  of  interruption, 
&c.  671 

FIRE  ENGINE  AND  HOSE  COMPANIES. 

1.  To  extinguish  the  debts  due  by  the  several  fire  engine  and  hose  companies 

of  the  city,  and  to  meet  their  current  expenses  for  the  year  1835,  the  sum  of  $3235, 
53  appropriated.  694 

2.  Mayor  required  to  draw  his  warrants  upon  the  city  treasurer,  in  favor  of  the 

treasurers  of  the  several  fire  engine  and  hose  companies,  for  the  several  sums  ap¬ 
propriated  for  their  relief,  691-2 

3.  The  further  sum  of  $1070,  appropriated  to  pay  the  debts  of  the  Vigilant  en¬ 

gine  and  hose  company,  due  to  the  Firemen’s  Insurance  Company,  Pennock  and 
Sellers,  and  Merrick  and  Agnew,  payable  on  the  first  of  July,  1836,  with  interest 
from  the  1st  of  July  1835.  692 

4.  A  joint  standing  committee  of  councils,  to  be  annually  appointed  in  the 

month  of  January,  consisting  of  one  from  the  select,  and  two  from  the  common 
councils,  to  be  styled  “  the  committee  on  fire  companies.”  692 

5.  Duty  of  the  joint  standing  committee  on  fire  companies  to  inspect  the  fire 

engines,  hose,  and  other  fire  apparatus  of  the  respective  fire  and  hose  companies 
in  the  city,  as  often  as  they  may  think  proper,  and  to  apportion  the  moneys  hereaf¬ 
ter  appropriated,  or  so  much  thereof  as  they  may  deem  necessary  to  and  among  the 
said  companies,  and  to  act  in  relation  to  such  apportionment,  according  to  their  dis¬ 
cretion,  692-3 

6.  The  sum  of  $1100,  to  be  hereafter  annually  appropriated,  and  placed  under 

the  control  of  the  joint  standing  “  committee  on  fire  companies,”  and  the  same,  or 
such  part  thereof,  as  they  shall  deem  necessary,  to  be  paid  on  the  1st  of  October, 
annually,  to  the  several  fire  engine  and  hose  companies  of  the  city,  for  the  purpose 
of  keeping  their  respective  fire  engines,  hose,  and  apparatus  in  effectual  and  useful 
condition;  to  be  paid  to  the  several  companies  in  such  proportions  as  shall  be  respec¬ 
tively  assigned  to  them  by  the  committee,  693 

7.  No  portion  of  the  several  sums  appropriated  for  the  use  of  the  several  fire 

engine  and  hose  companies  of  the  city,  to  be  appropriated  to  the  use  or  relief  of 
any  fire  company  ©r  companies  instituted  after  the  25th  of  May,  1835,  693 

8.  Duty  of  the  joint  standing  committee  on  fire  companies,  when  they  have 
apportioned  and  allotted  the  annual  appropriation  of  $1100,  to  and  among  each 
company  complying  with  the  provisions  of  the  ordinance  of  the  25th  of  May,  1835, 
to  certify  the  sum  so  allotted  to  each  company  to  the  mayor,  who  shall  therefor 


852 


INDEX. 


draw  his  warrant,  for  the  amount  thereof,  on  the  city  treasurer,  in  favor  of  the 
treasurer  of  such  company,  693 

9.  Duty  of  the  committee  on  fire  engine  and  hose  companies  to  keep  regular 

and  fair  minutes  of  their  proceedings,  to  be  entered  in  a  book  to  be  kept  by  them 
for  that  purpose,  and  also  to  file  and  preserve  all  papers  and  communications  made 
by  or  to  them,  which  shall  at  all  times  be  open  to  the  inspection  of  any  member  of 
either  council,  693 

10.  The  book  of  minutes,  &c.,  of  the  proceedings  of  the  committee  on  fire  en¬ 

gine  and  hose  companies  of  the  city,  to  be  laid,  once  in  each  month,  at  a  stated 
meeting  of  the  councils,  on  the  table  of  the  clerk  of  one  of  the  councils,  for  the  in¬ 
formation  of  the  members,  693 

1 1 .  Appropriations  for  fire  and  hose  companies  for  the  year  1834,  $1615,  670. 

FIRE  COMMITTEE.  /- 

1.  A  joint  standing  committee  to  be  appointed  by  the  councils,  annually,  in 

the  month  of  January,  to  consist  of  one  from  the  select,  and  two  from  the  common 
council,  to  be  styled  “  the  committee  on  fire  companies,”  692 

2.  Duty  of  the  joint  standing  committee  on  fire  companies,  to  inspect  the 
fire  engines,  hose,  and  other  fire  apparatus  of  the  respective  companies  in  the  city, 
as  often  as  they  may  think  proper;  and  to  apportion  the  moneys  annually  appro¬ 
priated  for  the  use  of  the  several  fire  engine  and  hose  companies  of  the  city,  or 
such  part  thereof,  as  they  shall  deem  necessary,  among  the  several  companies,  and 
to  act  in  relation  to  such  apportionment,  according  to  their  discretion,  692-3 

3.  Duty  of  the  joint  standing  committee  on  fire  companies,  after  they  have 

apportioned  the  annual  appropriation  of  $1100,  to  and  among  the  several  fire  en¬ 
gine  and  hose  companies  of  the  city,  to  certify  the  several  sums  so  allotted  to  the 
mayor,  for  the  purpose  of  payment,  693 

FIREMEN’S  ASSOCIATION. 

To  recommend  to  the  mayor  suitable  persons  for  fire  wardens,  not  exceeding 
five  from  each  fire  company,  to  act  under  the  directions  of  the  chief  engineers  of 
the  association,  671 

FIRE  WARDENS. 

1.  Not  more  than  five  from  each  fire  company,  to  be  appointed  by  the  mayor, 

on  the  recommendation  of  the  “  Firemen’s  Association  of  Pittsburgh,”  to  act  under 
the  directions  of  the  chief  engineers  of  the  association,  671 

2.  Mayor  authorized  to  remove  any  of  the  fire  wardens  at  his  discretion,  and 

to  appoint  others  in  their  places,  and  to  fill  all  vacancies  as  they  occur,  671 

3.  To  have  along  with  the  “  Firemen’s  Association,”  full  power  and  authority 

to  perform  all  duties  which  are  required  of  and  enjoined  upon  the  city  constables, 
in  arresting  and  prosecuting  offenders,  in  cases  of  interruption,  &c.,  671 

FLAXSEED. 

See  Title,  “  Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

FLOUR  AND  MEAL. 

See  Title,  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “  an 
act  relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements 
thereto,  736-70 

FOOTWAYS. 

1.  Fine  of  two  dollars  to  be  imposed  for  every  offence,  for  obstructing  the 

footways  or  pavement  in  front  of  the  court  house  and  public  offices,  in  the  Dia¬ 
mond,  by  tables,  benches,  bags,  buckets,  furniture,  or  vegetables,  662 

2.  The  footways  on  that  part  of  Seventh  street,  between  the  canal  bridge* 

and  Coal  lane,  to  be  of  the  breadth  of  ten  feet  and  no  more,  measured  from  the 
line  of  the  street  to  the  gutter,  and  including  the  curb  stone,  674 

FOREIGN  PAUPERS. 

1.  Penalty  on  any  person  bringing  a  pauper  from  any  place  out  of  this  com¬ 
monwealth,  783 


INDEX. 


853 


2.  Every  person  bringing  any  black  or  mulatto  servant  into  this  state,  to  be 
liable  for  his  support,  &c.,  783 

FOREIGN  PRODUCE. 

For  produce,  and  the  inspection  thereof,  &c.  see  Title  ‘"Inspection  of  Produce,” 
and  also  act  of  assembly  entitled  “  an  act  relating  to  inspections,”  passed  I5th  April, 
1835,  and  the  several  supplements  thereto,  736-70 

FORFEITURES,  FINES  AND  PENALTIES. 

See  Title  “  Inspection  of  Produce,”  and  also  act  of  assembly  entitled  “  an  act 
relating  to  inspections,”  passed  15th  of  April  1835,  and  the  several  supplements 
thereto,  736-70 

FORT  PITT  GLASS  WORKS. 

High  street,  to  be  opened  and  extended  from  Coal  Lane  to  the  Farmers  and 
Mechanics’  Turnpike  road,  at  some  point  at  or  near  the  Fort  Pitt  Glass  works,  accord¬ 
ing  to  the  provisions  of  the  act  of  assembly  of  the  15th  of  April,  1835,  698 

FRAUDS  AND  DECEPTIONS. 

See  Title  “  Inspection  of  Produce,”  and  also  act  of  assembly  entitled  “  an  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-60 

GARBAGE  AND  OFFAL. 

Not  to  be  deposited  at  any  place  within  the  city,  other  than  at  the  public  float, 
at  the  junction  of  the  Allegheny  and  Monongahela  rivers,  under  a  penalty  of  ten 
dollars  for  every  such  offence,  663 

GARDENERS. 

1.  Not  to  vend  vegetables,  &c.,  usually  sold  by  them  in  market,  at  any  other 

place  than  at  the  Liberty  street  Market  house,  on  Mondays  and  Thursdays,  under 
a  penalty  of  five  dollars  for  each  and  every  offence,  661 

2.  Not  to  obstruct  the  pavement  or  footways  in  front  of  the  court  house  and 

public  offices,  in  the  Diamond,  with  tables,  benches,  barrels,  bags,  furniture,  vessels, 
packages,  or  vegetables,  under  a  penalty  of  two  dollars,  for  each  and  every  of- 
ence,  662 

3.  Duty  of  the  constables  attending  upon  the  market,  to  cause  all  such  obstruc¬ 
tions  to  be  forthwith  removed,  662 

GAS  WORKS. 

1.  The  stock  of  the  Pittsburgh  gas  works  to  consist  of  1000  shares,  or  50,000 

dollars,  in  shares  of  fifty  dollars  each,  685 

2.  Books  of  subscription  to  be  opened  by  the  city  treasurer,  on  the  second 

Monday  of  May,  1835,  and  be  kept  open  during  the  office  hours  of  the  treasurer, 
for  six  juridical  days  thereafter,  and  no  longer,  685 

3.  Form  and  conditions  of  subscription  to  stock,  685 

4.  Ten  dollars  to  be  paid  on  each  share,  at  the  time  of  subscribing,  and  the  re¬ 

maining  $40,  on  each  share,  at  such  times  and  in  such  proportions  as  may  be  re¬ 
quired  by  the  trustees  of  the  gas  works,  685 

5.  If  more  than  1000  shares  are  subscribed,  the  stock  to  be  divided  pro  rata , 

among  the  subscribers,  according  to  their  subscriptions,  but  not  less  than  one  share 
to  be  allotted  to  any  one  subscriber,  686 

6.  The  trustees,  on  application  of  the  stockholders,  and  with  the  consent  of 

the  councils,  may  authorize  an  additional  subscription  of  stock  not  exceeding  20,000 
dollars,  or  400  shares  of  $50  each,  if  found  necessary  to  complete  the  works,  and 
put  them  in  full  operation,  #  .  686 

7.  Certificates  for  said  stock  to  issue,  when  payments  are  made  in  full,  signed 

by  the  mayor  and  countersigned  by  the  treasurer,  and  to  be  transferable  in  like 
manner  with  the  funded  debt  of  the  city,  686 

8.  The  right  of  the  corporation  reserved,  whenever  the  councils  may  deem  it 
expedient,  at  any  time,  to  take  possession  of  the  Pittsburgh  gas  works,  and  convert 


854 


INDEX. 


the  stock  into  a  loan,  redeemable  in  twenty  years  from  the  date  of  such  conversion, 
bearing  an  interest  of  five  per  cent,  payable  half  yearly,  on  the  first  days  of  Februa¬ 
ry  and  August,  687 

9.  Interest  at  the  rate  of  six  per  cent  guaranteed  to  the  stockholders  of  the 
gas  works  stock,  by  the  corporation,  upon  the  amount  invested  and  actually  paid 
into  the  city  treasury,  prior  to  such  conversion  of  the  stock,  into  a  city  loan,  687 

10.  Twelve  trustees  of  the  Pittsburgh  gas  works  to  be  chosen  within  twenty 

days  after  the  27th  of  April,  1835,  six  by  the  select  and  six  by  the  common  coun¬ 
cil,  687 

11.  Trustees  to  be  divided  into  three  classes;  the  first  class  to  serve  for  one 

year,  the  second  for  two  years,  and  the  third  for  three  years,  or  until  their  succes¬ 
sors  shall  have  been  appointed,  687 

12.  Four  trustees  to  be  chosen  thereafter  by  the  councils,  at  the  annual  stated 

meeting  in  January,  two  by  the  select,  and  two  by  the  common  council,  to  serve  in 
place  of  the  four  trustrees  whose  time  of  service  shall  have  expired,  687 

13.  Not  more  than  two  members  of  each  council  to  be  trustees  at  any  one 

time;  and  all  vacancies  occurring  to  be  filled  by  special  elections  to  be  held  by  the 
body  in  whose  delegation  in  the  board  of  trustees  the  vacancy  may  exist,  687 

14.  Seven  of  the  trustees  to  be  a  quorum  for  the  transaction  of  business,  who 

shall  meet,  within  ten  days  after  their  election,  and  choose  out  of  their  own  body  a 
president;  and  an  election  for  president  shall  take  place  in  each  succeeding  year,  at 
the  meeting  next  after  the  election  of  trustees,  687 

15.  Duty  of  the  trustees  to  proceed,  forthwith,  to  construct  suitable  works  for 

the  manufacture  of  carbureted  hydrogen  gas  from  bituminous  coal,  for  the  purpose 
of  public  and  private  illumination,  and  to  lay  pipes  for  its  distribution  throughout 
the  city,  688 

16.  The  gas  works  to  be  on  a  scale  competent  to  manufacture  50,000  cubic 

feet  of  gas  daily,  and  the  arrangement  of  the  pipes  for  distribution  and  delivery  to 
be  approved  of  by  the  water  committee,  688 

17.  Trustees  to  keep  accurate  accounts  of  their  receipts  and  disbursements, 

and  report  the  same,  together  with  a  statement  of  their  proceedings  to  the  councils, 
annually,  in  the  month  of  January,  and  give  such  other  information,  from  time  to 
time,  as  maybe  required  of  them  by  the  selector  common  council,  688 

18.  Trustees  to  declare  a  dividend  of  the  profits  arising  from  the  manufacture 

and  sale  of  gas,  semi-annually,  on  the  first  days  of  February  and  August,  after  de¬ 
ducting  the  rent  of  the  gas  works  lot,  the  expense  of  manufacturing  the  gas,  the  cost 
of  repairs  to  the  works,  and  the  incidental  charges  of  the  establishment,  and  issue  a 
requisition  on  the  mayor  for  the  payment  of  the  said  dividends  to  the  holders  of  the 
certificates.  688 

19.  Trustees  vested  with  all  the  powers  necessary  for  the  construction  of  the 

works,  as  provided  for,  and  empowered  to  purchase  materials,  make  contracts,  and 
employ  such  agent  or  agents  as  they  may  deem  necessary,  688 

20.  No  contract  to  be  entered  into,  or  expenses  incurred,  to  exceed  the  amount 

of  the  subscriptions  for  the  construction  of  the  works,  688 

21.  No  trustee,  superintendent,  or  agent  of  the  gas  works,  to  be  either  directly 

or  indirectly  concerned  or  interested  in  any  contract  or  providing  materials  for  the 
works,  688 

22.  No  act  of  the  trustees  to  impose  any  liability  whatever  on  the  mayor,  aider- 
men  and  citizens  of  Pittsburgh,  beyond  the  amount  of  the  subscriptions,  688 

23.  Trustees  to  prepare  and  submit  to  the  councils  for  their  approbation,  from 

time  to  time,  rules  and  regulations  under  which  the  gas  may  be  furnished  to  private 
consumers,  and  to  public  lamps,  688-9 

24.  Public  lamps,  not  exceeding  200  in  number  in  the  whole,  as  may  be  requir¬ 

ed  by  the  committee  of  councils  on  lighting,  to  be  supplied  by  the  gas  works,  atone 
half  the  price  paid  by  private  consumers,  689 

25.  All  fixtures  and  metres,  for  the  distribution  of  the  gas,  to  be  approved  of 

by  the  lighting  committee,  and  to  be  provided  by  the  trustees  without  expense  to 
the  city  corporation,  689 

26.  All  moneys  arising  from  the  manufacture  and  sale  of  gas,  to  be  paid  into 
the  city  treasury,  and  be  placed  to  the  credit  of  the  Pittsburgh  gas  works,  689 

27.  Mayor  authorized  to  draw  warrants,  which  shall  be  charged  to  the  gas 
works,  for  such  sums,  and  at  such  times,  as  may  be  required  by  the  trustees,  689 


INDEX. 


28.  All  requisitions  for  money,  shall,  in  the  first  place,  be  duly  authorized  by 

the  board  of  trustees,  and  be  certified  by  the  president,  689 

29.  Trustees  authorized  and  empowered,  for,  and  in  behalf  of  the  city,  to  pur¬ 

chase  an  eligible  piece  of  ground,  to  be  appropriated  for  the  location  and  use  of  the 
gas  works,  for  which  such  rent,  as  the  trustees  may  deem  reasonable,  shall  be  charg¬ 
ed  to  the  works,  689 

30.  The  right  of  the  corporation,  to  convert  the  gas  works  stock  into  a  loan,  at 

five  per  cent,  suspended  for  15  years  after  the  15th  of  May,  1835,  690-91 

31.  Dividends  on  so  much  of  the  stock  as  may  be  held  by  persons  in  Philadel¬ 

phia  made  payable,  at  the  option  of  the  holders,  either  at  the  Schuylkill  Bank  in 
Philadelphia,  or  at  such  other  place  within  the  said  city  as  the  councils  of  Pittsburgh 
may  by  ordinance  designate,  691 

32.  All  transfers  of  gas  stock  held  by  persons  residing  in  Philadelphia,  to  be 

made  by  indorsements  upon  the  certificates  thereof,  in  the  presence  of  the  cashier 
of  the  Schuylkill  bank,  or  of  such  other  person  within  the  city  of  Philadelphia,  as 
may  by  ordinance  be  appointed  for  that  purpose,  or  in  the  presence  of  the  treasu¬ 
rer  of  the  city  of  Pittsburgh,  691 

33.  The  first  instalment  on  the  subscription  to  the  gas  works  stock  reduced  to 

five  dollars,  in  place  of  ten  dollars,  as  before  provided  for,  691 

34.  The  remaining  $45,  on  each  share  to  be  paid  in  instalments  as  heretofore 

provided  for,  691 

35.  The  city  treasurer  authorized  to  keep  the  books  of  subscription  open,  for 

subscribers  to  the  stock  of  the  Pittsburgh  gas  works,  until  the  first  Monday  of  July, 
1835,  provided  the  stock  should  not  be  all  taken  before  that  time,  691 

36.  The  treasurer  to  report  the  number  of  shares  subscribed,  at  each  meeting  of 

the  councils  up  to  the  said  first  Monday  of  July,  1835,  691 

37.  The  subscription  of  585  shares  of  the  Pittsburgh  gas  works  stock  relin¬ 
quished  by  the  subscribers,  and  the  amount  paid  thereon  ordered  to  be  refunded  to 
the  subscribers  by  the  city  treasurer,  and  his  receipts  therefor  to  be  cancelled,  694 

38.  The  said  585  shares  of  stock  to  be  taken  and  retained  by  the  city  treasurer, 

as  so  much  of  the  stock  created  and  not  subscribed  for,  and  to  be  hereafter  dispos¬ 
ed  of,  694 

39.  The  said  585  shares  of  stock  in  the  Pittsburgh  gas  wTorks  to  be  sold  at  pub¬ 

lic  auction  to  the  highest  and  best  bidders,  at  the  office  of  the  city  treasurer,  on  the 
8th  of  June,  1835,  beginning  at  ten  o’clock,  A.  M.,  the  city  treasurer,  together  with 
a  joint  committee,  of  two  from  the  select  and  two  from  the  common  council,  to  as¬ 
semble  at  the  time  and  place  appointed  for  the  sale  of  the  said  stock,  with  the  auc¬ 
tioneer,  and  superintend  the  said  sale,  696 

40.  Public  notice  of  such  sale  to  be  given  in  the  daily  newspapers  of  the 

city,  695 

41.  Each  highest  and  best  bidder  to  have  the  privilege  of  taking  one  share  at 

the  price  bidden,  and  as  many  more  at  the  same  price,  not  exceeding  20  shares,  as 
such  bidder  may  determine,  695 

42.  Five  dollars,  besides  the  premium  above  par,  (if  such  premium  shall  be  ob¬ 

tained)  to  be  paid  to  the  city  treasurer  at  the  time  of  sale;  but  no  bid  to  be  accepted 
at  less  than  the  par  value  of  the  said  stock,  695 

43.  Sale  to  continue  from  day  to  day  continuously,  Sundays  excepted,  until 

the  whole  585  shares  shall  be  disposed  of,  695 

44.  A  full  and  correct  statement  of  such  sale  to  be  rendered  by  the  auctioneer 

selling  the  said  stock,  under  oath  or  affirmation,  to  the  councils  at  their  next  meet¬ 
ing  after  such  sale;  and  the  said  auctioneer  shall  declare,  to  the  best  of  his  knowl¬ 
edge  and  belief,  that  the  said  sale  has  been  fairly  and  honestly  conducted,  without 
any  collusion  between  the  said  auctioneer  and  any  other  person  or  persons  what¬ 
ever,  695 

45.  The  proceeds  of  the  sale  of  the  said  stock,  over  and  above  the  par  value 

thereof,  after  deducting  the  reasonable  expenses  of  such  sale,  to  be  retained  in  the 
treasury,  and  accounted  for  by  the  treasurer  as  other  revenues  of  the  city  are  receiv¬ 
ed  and  accounted  for,  695 

46.  The  sum  of  $11,000  appropriated,  for  the  purchase  of  a  lot  of  ground  from 

John  Maitland,  for  the  use  of  the  gas  works,  700 

47.  The  said  sum  of  $11,000  to  be  procured  on  loan,  at  an  interest  of  five  per 


856 


INDEX. 


cent,  interest  to  be  paid  half  yearly  at  the  treasurer’s  office,  or  the  bank  of  Penn¬ 
sylvania,  in  Philadelphia,  &c.  700 

48.  Trustees  of  the  Pittsburgh  gas  works  authorized  to  receive  subscriptions 

for  four  hundred  additional  shares  of  the  stock,  subject  to  the  same  privileges  and 
conditions  conferred  upon  and  enjoined  on  the  original  stockholders,  710-11 

49.  Mayor  authorized  to  subscribe  for  the  said  400  additional  shares,  in  the 

name  of  the  mayor,  aldermen,  and  citizens  of  Pittsburgh,  710 

50.  Mayor  authorized  to  borrow  on  loan  the  sum  of  $20,000  at  such  times,  and 

in  such  proportions,  as  maybe  necessary,  to  pay  for  the  said  400  shares  at  50  dollars 
each,  711 

51.  Interest  at  five  per  cent  per  annum,  to  be  allowed  and  paid  for  the  said 

loan,  half  yearly,  at  the  bank  of  Pittsburgh  and  the  bank  of  Pennsylvania,  in  Phil¬ 
adelphia,  711 

52.  Certificates  for  the  said  loan  to  issue,  of  either  $100  or  $500  at  the  option 

of  the  lender,  transferable  by  endorsement  thereon  at  the  office  of  the  city  treasu¬ 
rer  or  the  bank  of  Pennsylvania,  711 

53.  Loan  not  to  be  redeemed  without  the  consent  of  the  stockholders  before 

the  1st  of  July,  1872;  and  the  money  borrowed  to  be  paid  to  the  city  treasurer,  and 
applied  by  him  exclusively  to  the  payment  of  warrants  drawn  by  the  mayor,  for  the 
purpose  of  meeting  the  calls  of  the  trustees  of  the  Pittsburgh  gas  works  for  instal¬ 
ments  upon  the  stock  aforesaid  subscribed  by  him,  in  the  name  of  the  mayor,  aider- 
men,  and  citizens  of  Pittsburgh,  711 

54.  Interest  on  the  gas  works  stock,  guaranteed  by  the  city  to  be  paid  half 
yearly,  on  the  amount  of  subscriptions  paid  in,  from  the  date  of  payment,  711 

55.  Trustees  of  the  Pittsburgh  gas  works  authorized  to  lay  the  necessary  pipes 

from  their  works  to  the  city  line,  provided  the  same  do  not  pass  through  private  pro¬ 
perty,  716 

*56.  The  like  precautions  to  be  taken  in  opening  and  closing  up  the  highways, 
as  are  or  may  be  enjoined  in  reference  to  the  opening  and  closing  up  the  streets  of 


the  city, 


716 


57.  Offenders  against  the  ordinances  passed  for  the  protection  of  the  gasworks 

property,  if  the  offence  be  committed  out  of  the  city  limits,  may  be  punished  by  in¬ 
dictment  in  the  court  of  quarter  sessions  of  Allegheny  county,  716-17 

58.  City  councils  authorized  and  empowered  to  lay  out,  open,  and  extend  and 

widen  such  street  or  streets  as  they  may  deem  necessary  to  communicate  between 
the  public  streets  of  the  city,  and  the  Pittsburgh  gas  works,  719 

59.  Such  streets,  from  the  time  the  same  may  be  declared  and  ordered  by  the 

councils  to  be  opened,  extended  or  widened,  to  be  forever  after  deemed,  adjudged 
and  taken  as  public  highways,  and  subject  to  the  same  regulation  and  police  as  other 
streets  and  highways  of  the  city,  717 

60.  The  owner  or  owners  of  any  ground  through  which  any  such  street  shall 
be  opened,  extened  or  widened,  may  proceed  in  the  same  manner  to  obtain  indem¬ 
nification  for  injury  he  or  they  may  sustain  thereby,  as  is  directed  by  the  several  acts 
in  force,  providing  for  the  opening  of  public  roads  in  this  commonwealth,  717 

61.  The  joint  committee  of  councils  authorized  and  required  to  alter  the  grade 

of  Second  street,  from  Ross  street  to  the  eastern  boundary  of  the  city;  and  also  to 
extend  the  said  street  so  as  to  intersect  the  street  leading  to  the  gas  works,  in  such 
manner  as  may  be  best  calculated  to  insure  the  commodious  and  safe  conveyance 
of  gas  from  the  works  into  the  city,  717 

62.  The  joint  committee  of  councils  on  water,  &c.  authorized  and  required  to 
lay  down  water  pipes  along  Second  street  from  Ross  street  to  the  eastern  boundary 
of  the  city,  and  to  continue  the  same  thence  to  a  point  opposite  the  gas  works,  717 

63.  Trustees  of  the  Pittsburgh  gas  works,  authorized  to  lay  the  necessary  pipes 

from  the  works  to  the  city  lines,  provided  the  same  do  not  pass  through  private  pro¬ 
perty.  Injury  to  gas  property  indictable  in  the  quarter  sessions,  &c.  Certain  streets 
to  be  opened  and  extended,  &c.  See  act  of  assembly  of  the  31st  of  March,  1836, 
pages  716-17  and  also,  772-73 

64.  Faith,  credit,  funds,  revenue,  and  corporate  property  of  the  city  pledged 
for  the  payment  of  the  sums  authorized  to  be  borrowed,  and  for  the  payment  of  the 


interest  accruing  upon  the  same, 


711 


INDEX. 


857 


S5.  Terms  and  conditions  upon  which  the  inhabitants  of  the  city  will  be  sup¬ 
plied  with  gas,  by  the  trustees  of  the  Pittsburgh  gas  works,  795 

66.  Applications  to  be  supplied  with  gas.  how  to  be  made,  795 

67.  Manner  of  supplying  persons  with  gas,  795 

68.  Security  to  be  given  for  the  payment  of  the  gas,  in  such  cases  as  it  may  be 

required  by  the  trustees,  795 

69.  Service  pipes  and  meters  to  be  furnished  by  the  gas  company,  795 

70.  Ail  necessary  fixtures  to  be  put  up  by  the  gas  company  at  the  expense  of 

the  consumers  or  proprietors,  &c.  795 

71.  Rent  of  the  fixtures  to  be  regulated  according  to  certain  conditions  ex¬ 
pressly  set  forth,  795-6 

72.  Persons  using  gas  to  have,  at  any  time,  the  privilege  of  purchasing  from 

the  trustees  all  fittings  put  up  and  rented,  796 

73.  Right  of  access  reserved  to  the  trustees,  at  all  times,  by  their  agent,  for 
the  purposes  of  examination,  or  of  removal  of  the  meter  and  service  pipes,  796 

74.  Notice  of  removal  from  premises  supplied  with  gas,  to  be  given  by  the 

tenants  removing,  or  they  will  be  charged  with  the  gas  until  such  notice  is  gi¬ 
ven,  796 

75.  Manner  of  ascertaining  the  quantity  of  gas  consumed  by  the  persons  sup¬ 
plied,  796 

76.  Gas  to  be  stopped,  in  case  of  default  in  payment,  and  in  cases  of  neglect¬ 
ing  to  attend  to  the  repair  of  the  fixtures  and  pipes,  &c.  796 

77.  The  price  of  gas  to  be  at  the  rate  of  three  dollars  per  1000  cubic  feet,  and  a 

discount  of  5  percent  to  be  allowed  on  the  amount  of  all  bills  paid  at  the  office  of 
the  trustees,  within  three  days  after  presentation,  796 

78.  The  trustees  reserve  to  themselves  the  right,  at  any  time,  to  cut  off  the 

communication  of  the  service  pipe,  if  they  shall  find  it  necessary  to  do  so,  in  order 
to  protect  the  works  against  abuse  or  fraud,  796 

79.  Trustees  of  the  Pittsburgh  gas  works  authorized  to  create  additional  stock, 

to  an  amount  not  exceeding  600  shares,  of  $50  each,  798 

80.  Said  stock  to  be  disposed  of  by  the  city  treasurer,  after  public  notice,  in 

conformity  with  the  regulations  prescribed  by  the  ordinance  of  the  27th  of  April, 
1835,  and  the  several  supplements  thereto,  798 

81.  If  not  disposed  of,  in  whole  or  in  part,  by  public  sale,  the  treasurer  may 

dispose  of  the  same  at  private  sale,  on  the  best  terms  that  can  be  obtained,  but  not 
to  be  sold  for  less  than  its  par  value,  798 

82.  The  said  6(J0  additional  shares  to  be  placed,  in  every  respect,  on  the  same 

footing  as  the  stock  authorized  by  the  ordinance  of  the  27th  April,  1835,  and  the 
several  supplements  thereto,  798 

GAUGERS  AND  INSPECTORS. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an 
act  relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements 
thereto,  736-70 

GENERAL  ELECTIONS. 

1.  The  place  of  holding  the  general  and  city  elections,  in  the  north  ward  of 

the  city,  fixed  at  the  house  of  James  Armstrong,  corner  of  Penn  and  St.  Clair 
streets,  79*2 

2.  City  councils  authorized  and  required  to  fix  the  places  of  holding  all  gene¬ 

ral  as  well  as  city  elections,  for  the  different  wards,  at  suitable  houses  within  the 
bounds  of  the  respective  wards,  and  not  elsewhere;  and  to  change  the  same  as  often 
as  public  convenience  may  require,  702-3 

3.  Thegeneral  and  city  elections  for  the  east  and  south  wards,  to  beheld  here¬ 

after,  for  the  East  Ward ,  at  the  house  now  occupied  by  Michael  Smith,  in  Liberty 
street,  facing  Hand  street,  and  for  the  South  Ward ,  at  the  house  now  occupied  by 
Wm.  J.  Lyon,  corner  of  Third  and  Grant  streets,  794 

GENERAL  LAFAYETTE. 

1.  Resolutions  of  councils,  expressive  of  their  sentiments  on  the  occasion  of 
the  death  of  General  Lafayette,  672 

139 


858 


INDEX. 


2.  Duty  of  the  presidents  of  councils  to’  transmit  a  letter  of  condolence  to  the 

family  of  the  late  General  Lafayette,  672 

3.  Members  of  the  councils  to  wear  the  usual  badge  of  mourning  for  sixty 

days,  672 

GENERAL  PROVISIONS  AS  TO  INSPECTIONS. 

See  Title  **  Inspection  of  Produce,”  and  also  an  act  of  assembly,  entitled  “  an 
act  relating  to  inspections,”  and  the  several  supplements  thereto,  736-70 

GOVERNOR  OF  PENNSYLVANIA. 

1.  His  duty,  within  three  years  from  15th  April,  1834,  to  procure  proper  stand¬ 

ards  of  measures  of  length,  capacity  and  weight,  and  to  have  the  same  enclosed; 
in  suitable  cases,  and  deposited  in  the  office  of  the  secretary  of  the  commonwealth 
for  safe  keeping,  720 

2.  His  duty,  within  the  same  time,  to  provide  for  each  of  the  counties  of  the 

state,  positive  standards  of  measures  of  length,  of  capacity,  and  of  weight,  of  the 
several  denominations  in  common  use,  or  such  of  them  as  may  be  necessary  for 
the  accurate  and  convenient  adjustment  of  weights  and  measures,  720 

3  Such  standards  to  be  of  approved  construction,  carefully  compared  with 
the  state  standards,  and  made  of  the  same  material,  and  to  be  duly  stamped  and 
delivered  to  the  commissioners  of  the  counties  respectively,  to  be  used  as  stand¬ 
ards  for  the  adjusting  of  weights  and  measures,  and  for  no  other  purposes,  721 

4.  To  appoint  inspectors  of  produce,  &c.,  See  Title  “Inspection  of  Produce,” 

and  also  act  of  assembly,  entitled  “  an  act  relating  to  inspections,”  passed  15th  of 
April,  1835,  and  the  several  supplements  thereto,  736-70 

GRADING  OF  STREETS. 

1.  Grant  street  at  its  intersection  with  Fifth  street,  to  be  reduced  ten  feet  be¬ 

low  the  present  surface,  and  the  permanent  grade  thereof  fixed  at  ten  feet  below 
the  top  of  the  middle  front  door  sill  of  St.  Paul’s  church,  &c.  715 

2.  Smithfield  street,  at  its  intersection  with  Fifth  street,  to  be  raised  four  feet 
above  the  present  surface,  and  from  thence  to  be  graded  a  uniform  descent  north¬ 
wardly  to  Diamond  alley,  and  northwardly  a  uniform  grade  to  Virgin  alley,  715 

3.  Fifth  street  to  be  graded  a  uniform  descent,  northwardly,  from  Grant  to 

Smithfield  streets,  and  from  the  intersection  thereof  with  Smithfield  street,  the 
grade  to  be  a  uniform  descent  to  Wood  street,  &c.  715 

4.  Sixth  street,  Virgin  alley,  and  Diamond  *  alley,  each  of  them  to  be  graded 

from  Grant  street,  a  uniform  descent  to  Smithfield  street,  716 

5.  Diamond  street  to  be  graded  from  Grant  street,  eastwardly  177Jfeet,  at  a  uni¬ 

form  ascent  of  5  inches  in  every  10  feet,  and  thence  at  a  uniform  descent  of  1  inch 
and  8  lOths  in  every  10  feet,  to  Ross  street,  716 

6.  Wylie  street,  when  opened,  to  be  graded  from  Fifth  to  High  street,  at  an 
angle  of  2  degrees  22  minutes,  below  the  horizon,  and  thence  to  the  city  line,  as 
now  bounded,  at  a  uniform  ascent  of  2  degrees  24  minutes  above  the  horizon,  716 

7.  Coal  Lane  to  have  a  uniform  ascending  grade  from  Grant  street,  eastwardly, 

641  feet  at  an  angle  of  1  degree  33  minutes  above  the  horizon,  and  thence  to 
Seventh  street,  a  uniform  descending  grade,  at  an  angle  of  1  degree  51  minutes 
below  the  horizon,  &c.  716 

8.  All  trie  streets  and  alleys  that  cross  or  intersect  the  streets  and  alleys  above 

described,  shall  be  graded  to  conform  with  the  several  grades  herein  mention¬ 
ed,  716 

9.  The  joint  committee  of  councils,  on  streets,  grading  and  paving,  authorized 

and  required  to  alter  the  grade  of  Second  street,  from  Ross  street  to  the  eastern 
boundary  of  the  city,  and  to  extend  the  saidstreetthence,soas  to  intersect  the  street 
leading  to  the  gas  works,  in  such  manner  as  may  be  best  calculated  to  insure  the 
commodious  and  safe  conveyance  of  gas  from  the  works  into  the  city,  717 

10.  Water  street  and  the  Monongahela  wharf,  to  be  graded  from  Grant  street 
to  the  point,  agreeably  to  a  diagram  in  the  office  of  the  recording  regulator,  724 

It.  Water  street  to  be  made  35  feet  wide  from  the  curb  to  the  line  of  the 
wharf;  and  the  wharf  to  extend  from  the  line  of  the  street,  227  feet  to  low  water 
line,  at  a  regular  descending  grade  from  the  line  of  the  street.  724 


INDEX. 


859 


12.  This  distance  from  the  line  of  Water  street  to  be  preserved  from  Grant  street 

to  West  street^  from  West  street  to  the  Point,  the  water  line  to  be  preserved,  termi¬ 
nating  at  the  Point,  128  feet  from  the  line  of  Water  street,  as  laid  down  in  the  dia¬ 
gram,  724 

13.  The  distance  between  Penn  street,  and  the  proposed  Duquesne  Way, 

measured  on  any  line  perpendicular  to  both,  not  to  be  less  than  420  feet,  nor  gra¬ 
ded  more  than  four  feet  below  the  level  of  Penn  street,  770 

GRANT  STREET. 

1.  Wylie  street  to  be  opened  and  extended  to  Grant  street,  or  some  other 

street  within  the  city,  to  be  designated  by  viewers  to  be  appointed  by  the  court  of 
quarter  sessions  of  Allegheny  county,  according  to  the  provisions  of  the  act  of  as¬ 
sembly  of  the  15th  of  April,  1835,  698 

2.  Grant  street,  at  its  termination  with  Fifth  street  to  be  reduced  ten  feet  be¬ 

low  the  present  surface;  and  the  permanent  grade  thereof  to  be  fixed  ten  feet  below 
the  top  of  the  middle  front  door  sill  of  St.  Paul’s  church ;  and  from  the  intersection 
aforesaid,  Grant  street  shall,  when  so  reduced,  be  graded  a  uniform  descent,  north¬ 
wardly,  to  the  present  grade  of  Seventh  street,  at  the  west  end  of  the  canal  bridge ; 
and  from  said  intersection  shall  be  graded  a  uniform  descent,  southwardly,  to  a 
point  half  way  between  Fourth  and  King  streets,  715 

3.  Water  street  to  be  laid  out  thirty-five  feet  wide,  from  Grant  street  to  the 

point;  and  the  Monongahela  wharf,  to  be  graded  regularly  from  that  distance  to 
low  water  line,  724 

4.  A  culvert  of  not  less  than  three  feet  diameter,  to  be  placed  at  Grant  street, 

and  Water  street,  according  to  a  diagram  filed  in  the  office  of  the  recording  re¬ 
gulator,  724 

GROUND  BLACK-OAK  BARK. 

See  Title  “  Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  u  an 
act  relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements 
thereto,  736-70 

GUARANTEES. 

The  true  intent  and  meaning  of  the  ordinances  of  the  27th  April,  16th  May, 
and  1st  June,  1835,  declared  to  be,  that  the  interest  on  the  gas  works  stock,  guar¬ 
anteed  by  the  city,  shall  be  paid  half  yearly  on  the  amount  of  subscription  paid  in, 
from  the  date  of  payment,  711 

GUARDIANS  OF  THE  POOR. 

See  the  act  of  assembly,  entitled  “  an  act  relating  to  the  support  and  employ¬ 
ment  of  the  poor,”  passed  13th  of  June,  1836,  778-788 

See,  also,  Title,  “  Overseers  of  the  Poor.” 

GUTTERS. 

Orders  of  the  sanitary  board  with  respect  to  the  cleansing  of  gutters,  &c.,  to  be 
obeyed  by  the  inhabitants  of  the  city  generally,  under  a  penalty  of  five  dollars, 
besides  costs  of  suit,  for  every  neglect  or  refusal,  660 

HALF  KEGS  AND  CANISTERS. 

See  Title,  “  Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “  an 
act  relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements 
thereto,  736-70 

HAND  STREET. 

1.  Exchange  alley  to  be  opened  twenty  feet  wide,  from  Hand  street  to  Irw  in’s 

alley,  excepting  and  preserving  to  A.  L.  Kerr  and  N.  W.  Prestley,  so  much  of  the 
said  alley  as  their  brick  buildings  now  stand  on,  so  long  as  the  said  buildings  do 
stand,  6  6  697-8 

2.  Said  alley  to  be  opened  according  to  the  provisions  of  the  3d,  4th,  5th,  and 
6th  sections  of  the  act  of  assembly,  passed  on  the  6th  of  April, 1833,  see  ante,  page 
606-8,  698 


860 


INDEX. 


HARMAR  DENNY. 

].  Authorized  to  erect  a  bridge  over  the  canal,  at  or  near  Washington  street, 
of  such  farm  and  dimensions  as  may  be  prescribed  or  approved  of  by  the  canal 
commissioners,  or  by  the  chief  engineer  of  the  western  division  of  the 'Pennsylva¬ 
nia  canal,  696 

2.  Corporation  of  the  city  of  Pittsburgh,  not  to  incur  any  liabilities  for  the 

cons. ruction,  preservation  or  repair  of  the  said  bridge,  696 

3.  The  western  abutment  of  the  said  bridge  to  be  constructed  in  such  form, 
and  of  such  grade,  as  shall  be  directed  by  the  recording  regulator  of  the  city,  696 

HERRING  AND  SHAD. 

See  Title  “  Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “  an  act 
relating  to  inspections,”  passed  the  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

HIGH  CONSTABLE. 

The  salary  of  the  high  constable  fixed  at  three  hundred  and  fifty  dollars  per  an¬ 
num,  payable  quarterly,  by  warrants  to  be  drawn  by  the  mayor  on  the  city  trea¬ 
surer,  709 

HIGH  STREET. 

High  street  to  be  opened  and  extended  from  Coal  Lane,  to  the  Farmers  and 
Mechanics’  Turnpike  Road,  at  some  point  at  or  near  the  Fort  Pitt  glass  works,  by 
viewers  to  be  appointed  by  the  court  of  quarter  sessions  of  Allegheny  county,  ac¬ 
cording  to  the  provisions  of  the  act  of  assembly  of  the  15th  of  April,  1835,  698 

HIGHWAYS. 

1 .  Court  of  quarter  sessions  of  Allegheny  county,  on  being  petitioned,  authori¬ 

zed  to  grant  a  view  for  the  purpose  of  ascertaining  the  propriety  of  opening  and  ex¬ 
tending  certain  streets  and  highways  within  the  city,  viz:  698 

2.  Sixth  street,  from  Grant  street  to  Coal  Lane,  698 

3.  Wylie  street,  to  Grant  street,  or  some  other  street  within  the  city,  to  be  de¬ 
signated  by  the  viewers  to  be  appointed  by  the  said  court,  698 

4.  High  street  from  Coal  Lane,  to  the  Farmers  and  Mechanics’  Turnpike  Road, 

at  some  point  near  the  Fort  Pitt  glass  works,  698 

5.  Proceedings  of  the  viewers,  assessment  and  apportionment  of  damages, 

payment  of  costs  and  charges,  particularly  regulated  and  set  forth,  698 

6.  No  order  for  the  opening  of  said  streets  to  be  granted  by  the  court  of  quarter 

sessions,  until  compensation  shall  be  first  made  or  tendered  to  the  owners  of  the 
ground  or  property  injured  by  the  opening  and  extending  of  said  streets,  698 

7.  The  damages  incurred  by  the  individual  holders  of  property  injured  in  con¬ 

sequence  of  the  openingand  extension  of  certain  public  streets  and  highways  within 
the  city,  according  to  the  provisions  of  the  act  of  assembly  of  the  15th  April,  1835, 
to  be  assessed  and  apportioned  among  the  holders  of  the  properly  benefited  there¬ 
by,  lying  adjacent  to  such  streets  and  highways,  698 

8.  No  order  for  the  opening  of  said  streets  or  highways,  to  be  granted  by  the 

court  of  quarter  sessions,  until  compensation  shall  be  fir.-t  made  or  tendered  to  the 
owner  of  the  ground  or  property  injured,  by  the  opening  and  extending  of  such 
streets  or  highways,  698 

9.  In  laying  the  pipes  for  the  Pittsburgh  gas  works,  the  same  not  to  pass 

through  private  property;  and  the  like  precaution  to  be  taken  in  openingand  clo¬ 
sing  of  the  highways,  as  are  or  may  be  enjoined  in  reference  to  the  opening  and 
closing  up  the  streets  of  the  city,  716 

10.  City  councils  authorized  and  empowered  to  lay  out,  open,  extend  and 

widen,  such  street  or  streets  as  they  may  deem  necessary  and  convenient,  to  com¬ 
municate  between  the  public  streets  and  the  Pittsburgh  gas  wrorks,  717 

11.  Such  streets,  from  the  time  the  same  may  be  declared  and  ordered  by  the 

councils  to  be  opened,  extended,  or  widened,  to  be  forever  after  deemed,  adjudged 
and  taken  as  public  highways,  and  subject  to  the  same  regulations  and  police  as 
other  streets  and  highways  of  the  city,  717 

12.  The  owner  or  owners  of  any  ground  through  which  any  such  street  or 
•treets  shall  be  opened,  extended  or  widened,  to  lead  to  the  Pittsburgh  gas  works, 


INDEX. 


861 


may  proceed  in  the  same  manner  to  obtain  indemnification  for  any  injury  he  or  they 
may  sustain  thereby,  as  is  directed  by  the  several  acts  in  force,  and  providing  for 
the  opening  of  public  roads  in  this  commonwealth,  717 

HOG’S  LARD  AND  BUTTER. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an 
act  relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements 
thereto,  736-70 

HOGSHEADS  AND  PUNCHEONS. 

See  Title,  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “  an 
act  relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 


HOSE  AND  FIRE  ENGINE  COMPANIES. 

1.  The  sum  of  $3235  53  cents,  appropriated  by  councils,  to  extinguish  the 

debts  due  by  the  several  fire  engine  and  hose  companies  of  the  city,  and  to  meet 
their  current  expenses  for  the  year  1835,  691 

2.  Mayor  required  to  draw  his  warrants  upon  the  city  treasurer,  in  favor  of  the 
treasurers  of  the  several  fire  engine  and  hose  companies  of  the  city,  for  the  several 
sums  appropriated  for  their  relief,  as  follows  :  amounting  in  the  whole  to  $  3235  53 
cents,  viz : 

3.  Allegheny  engine  and  hose  company,  $  395  54 

4.  First  Pittsburgh  hose  company,  575  57 

5.  Eagle  fire  engine  and  hose  company,  325  00 

6.  Neptune  fire  engine  and  hose  company,  1,270  00 

7.  Contingent  expenses  for  said  companies,  466  13 

8.  Vigilant  fire  engine  and  hose  company,  153  29 

9.  Union  hose  company,  50  00 

10.  The  further  sum  of  $  1070,  appropriated  to  pay  the  debts  of  the  Vigilant 

fire  engine  and  hose  company,  due  by  them  to  the  Firemen’s  insurance  company, 
to  Merrick  and  Agnew,  and  to  Pennock  and  Sellers,  payable  on  the  first  of  July, 
1836,  with  interest  from  the  1st  of  July,  1835,  692 

11.  Joint  standing  committee  of  councils  to  be  annually  appointed,  in  the 

month  of  January,  consisting  of  one  from  the  select  and  one  from  the  common 
councils,  to  be  styled  “  the  committee  on  fire  companies,”  692 

12.  Duty  of  the  joint  standing  committee  on  fire  companies  to  inspect  the  fire 

engines,  hose,  and  other  fire  apparatus  of  the  respective  fire  and  hose  companies  in 
the  city,  as  often  as  they  may  think  proper;  and  to  apportion  the  moneys  hereafter 
appropriated,  or  so  much  thereof  as  they  may  deem  necessary,  to  and  among  the 
said  companies,  and  to  act  in  relation  to  such  apportionment  according  to  their  dis¬ 
cretion,  692-93 

13.  The  sum  of  $  1100,  to  be  annually  appropriated,  and  placed  under  the  con¬ 

trol  of  the  joint  standing  committee  on  fire  companies  ;  and  the  same,  or  such  part 
thereof  as  the  committee  may  deem  necessary,  to  be  paid  on  the  1st  of  October, 
annually,  to  the  several  fire  engine  and  hose  companies  of  the  city,  for  the  purpose 
of  keeping  their  respective  fire  engines,  hose,  and  other  fire  apparatus  in  effectual 
and  useful  condition  ;  to  be  paid  to  the  several  companies,  in  such  proportions  as 
shall  be  respectively  assigned  to  them  by  the  committee,  693 

14.  No  portion  of  the  moneys  appropriated  for  the  use  of  the  several  fire  en¬ 

gine  and  hose  companies  of  the  city,  to  be  appropriated  to  the  use  or  relief  of  any 
fire  companies,  instituted  after  the  25th  of  May,  1835,  693 

15.  Duty  of  the  joint  standing  committee  on  fire  companies,  when  they  have 

apportioned  and  allotted  the  annual  appropriation  of  $  1100,  to  and  among  each  fire 
engine  and  hose  company  complying  with  the  provisions  of  the  ordinance  of  the 
25th  of  May,  1835,  to  certify  the  sum  so  allowed  to  each  company  to  the  Mayor, 
who  shall  draw  his  warrant  for  the  amount  thereof  on  the  city  treasurer,  in 
favor  of  the  treasurers  of  the  respective  companies,  693 

16.  Appropriation  for  hose  and  fire  companies,  for  the  year  1834,  $1615,  670 

17.  Joint  committee  of  councils,  on  fire  companies,  authorizedto  purchase  from 
the  Methodist  Episcopal  church,  a  lot  of  ground,  corner  of  Seventh  street  and  Mil- 


862 


INDEX. 


tenberger’s  alley,  for  the  use  of  the  Neptune  fire  engine  and  hose  compa¬ 
nies,  707 

HORSES  AND  CARRIAGES. 

A  fine  or  penalty  of  ten  dollars,  to  be  recovered  before  the  mayor  or  any  of 
the  aldermen  of  the  city,  imposed  on  all  persons  exposing  for  sale  any  carriage  or 
carriages,  horses,  cattle,  or  animals  of  any  description,  in  or  upon  any  of  the 
public  squares,  streets,  lanes,  or  alleys  of  the  city,  690 

HOSPITAL. 

Amount  appropriated  for  the  hospital,  and  for  sanitary  purposes,  for  the  year 
1835,  $  1000,  684 

HOUSEHOLDERS. 

Every  householder  of  the  city  to  be  taxed  for  dogs  kept  by  them,  at  the  rate 
of  $  2  for  the  first  dog,  and  $4  for  every  dog  after  the  first ;  and  for  every  female 
dog,  $  6;  and  no  collar  to  be  put  on  any  dog,  until  the  tax  for  the  current  year  shall 
be  first  paid,  under  a  penalty  of  not  less  than  $  10,  nor  more  than  $  20,  for  each  of¬ 
fence,  797 

HOUSEKEEPERS. 

1.  On  receiving  poor  persons  who  have  not  gained  a  settlement,  to  give  notice 

thereof  in  writing  to  the  overseers  of  the  poor,  780 

2.  Housekeepers  failing  to  give  such  notice,  liable  to  the  maintenance  of  such 

persons,  780 

3.  If  such  housekeeper  shall  refuse  to  pay  the  charges,  <fcc.,  of  maintenance 

of  such  person,  &c.,  the  overseers  shall  assess  upon  him  the  amount  necessary  to 
maintain  such  poor  person  weekly,  or  such  sum  as  shall  be  necessary  to  pay  funeral 
charges,  and  shall  have  power  to  collect  the  same  by  warrant  of  distress;  but  if 
such  delinquent  shall  have  no  goods  or  chattels  liable  to  distress,  he  may  be  com¬ 
mitted  to  jail,  there  to  remain  until  he  shall  have  paid  the  same,  or  shall  be  otherwise 
legally  discharged,  780-81 

HUCKSTERS. 

1.  Not  to  obstruct  the  pavement  or  footways  in  front  of  the  court  house  and 

public  offices  in  the  Diamond,  with  tables,  benches,  barrels,  bags,  furniture,  vessels, 
packages,  or  vegetables,  under  a  penalty  of  ten  dollars  for  each  and  every  of¬ 
fence,  662 

2.  Duty  of  the  constables  attending  upon  the  market  to  cause  all  such  obstruc¬ 
tions  to  be  forthwith  removed,  662 

3.  Mayor  authorized  to  grant  licenses  to  persons  following  the  business  of  sell¬ 

ing  country  produce  at  second  hand,  to  have  portable  stands  placed  within  the 
market  space  in  the  Diamond  market  house,  at  such  place  or  places  as  may  from 
time  to  time  be  directed  by  the  officers  of  the  market,  for  the  purpose  of  exposing  to 
sale  such  articles  of  country  produce  as  they  may  have  purchased  without  the  lim¬ 
its  of  the  city,  725 

4.  Each  and  every  person  wishing  to  be  licensed  for  the  purposes  aforesaid, 

to  pay  to  the  mayor,  for  the  use  of  the  city,  the  sum  of  $10,  per  year;  and  occa¬ 
sional  visiters  the  sum  of  37 1  cents  per  day,  to  be  paid  to  the  clerk  of  the  markets, 
for  the  use  of  the  city,  725 

5.  Full  power  vested  in  the  mayor  and  aldermen  of  the  city,  in  cases  of  con¬ 
viction,  under  any  of  the  ordinances  which  impose  a  fixed  penalty,  to  fine  from 
one  dollar  up  to  the  sum  or  sums  so  fixed,  as  the  equity  of  the  case  may  require,  725 

HYDRANTS. 

1.  Duty  of  the  superintendent  of  the  water  works  to  procure,  under  the 

direction  of  the  water  committee,  an  iron  stop  cock  box,  and  to  keep  the  same  at 
bis  office,  at  the  city  water  works,  as  a  model,  from  which  all  stop  cock  boxes  shall 
hereafter  be  made,  794 

2.  All  stop  cock  boxes  hereafter  to  be  placed  in  any  of  the  streets,  alleys  or 

squares  of  the  city,  to  be  made  and  constructed  after  such  model,  794 

3.  If  any  person  shall  neglect  or  refuse  to  provide  and  place  such  box,  or  shall 


INDEX 


863 


use  a  different  model,  he  shall  forfeit  and  pay  for  every  such  offence  the  sum  of  ten 
dollars,  794 

ILLEGAL  ELECTIONS. 

In  all  cases  where  an  election  for  city  officers,  &c.  has  been  illegally  or  un¬ 
fairly  conducted,  or  the  number  of  legal  votes  given  may  render  the  result  doubtful, 
the  councils  shall  have  the  power  to  set  the  same  aside,  and  order  a  new  election, 
giving  notice  thereof  as  in  the  case  of  other  special  elections,  668 

ILLEGAL  FEES. 

Penalties  imposed  upon  inspectors,  deputies,  gaugers,  &c.  for  taking  illegal 
fees,  &c.  See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled 
“an  act  relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supple¬ 
ments  thereto,  736-70 

ILLEGITIMATE  CHILDREN. 

Every  illegitimate  child  shall  be  deemed  to  be  settled  in  the  place  where  the 
mother  has  legally  settled  at  the  time  of  the  birth  of  such  child,  780 

IMPORTED  SALTED  FISH. 

See  Title  “  Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

INDENTED  APPRENTICES. 

1.  See  Title  “Apprentices,” 

2,  All  children  who  may  be  deemed,  by  the  officers  of  the  orphan  asylum  of 
Pittsburgh  and  Allegheny,  fit  objects  of  their  care  and  bounty,  may  be  bound  to  the 
said  society,  by  the  overseers  of  the  poor,  the  father,  or  mother,  if  the  father  be 
dead,  absent,  or  incompetent,  or  by  any  other  individual  having  authority,  697 

2.  Which  persons  are  authorized  to  bind  such  children  to  the  said  society,  in 
like  manner,  and  for  the  like  number  of  years,  as  is  prescribed  in  the  general  law  in 
relation  to  apprentices;  and  the  said  society  shall,  in  such  indenture,  come  under 
the  obligations  usual  in  such  cases,  697 

4.  The  said  society,  in  all  cases  where  children  under  their  care  become,  in  the 
opinion  of  its  officers,  of  proper  age  and  qualifications  to  be  apprentices,  to  learn 
some  occupation  not  taught  within  its  walls,  shall  have  the  power,  under  its  offi¬ 
cial  seal,  to  bind  them  to  suitable  persons,  to  learn  such  trade,  calling  or  business, 
as  may  be  prescribed  in  the  indenture  of  apprenticeship,  697 

INDIAN  CORN  MEAL, 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

INDICTMENTS, 

1.  Offenders  against  the  ordinances  of  the  city  passed  for  the  protection  of  the 

Pittsburgh  gasworks  property,  if  the  offence  be  committed  without  the  city  limits, 
may  be  punished  by  indictment  in  the  court  of  quarter  sessions  of  Allegheny  coun¬ 
ty,  717 

2.  All  indictments  now  pending  or  hereafter  to  be  preferred  in  the  mayor’s 

court  of  the  city  of  Pittsburgh,  or  quarter  sessions  of  Allegheny  county,  in  which 
the  city  of  Pittsburgh  is  interested,  directly  or  indirectly,  shall  be  tried  in  the  district 
court  of  Allegheny  county,  although  the  said  city  of  Pittsburgh,  by  its  corporate 
name,  may  not  be  a  party  to  the  record;  and  the  jury  to  try  the  same  shall  not  be 
composed  of  any  person  resident  or  owning  real  property  in  said  city,  777 

INSPECTORS  OF  FLOUR,  &c. 

See  act  of  assembly,  entitled  “an  act  relating  to  inspections,”  passed  15th 
April,  1835,  and  the  several  supplements  thereto,  736-70 


864 


INDEX. 


INSPECTORS  AND  GAUGERS, 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspectors,”  passed  15th  of  April,  J835,  and  the  several  supplements 
thereto,  736-70 

INSPECTION  OF  PRODUCE. 

1.  See  act  of  assembly,  entitled  “an  act  relating  to  inspections,”  passed  15th 

April,  1835,  and  the  several  supplements  thereto,  736-70 

2.  Flour  and  meal  liable  to  inspection  at  Philadelphia,  Pittsburgh,  and  other 

places,  736 

3  Wheat  Flour  liableto  inspection  at  York  and  Mount  Carbon,  736 

4.  Flour  brought  from  adjoining  States  into  Allegheny  county,  &c.  liable  to  in* 

spection,  736 

5.  And  also  if  brought  into  Harrisburgh,  Columbia,  or  Lancaster,  736 

6.  Flour  made  in  other  states  may  be  exported,  if  properly  branded,  without 

being  inspected  in  Pennsylvania,  736 

7.  And  may  be  transported  by  land  out  the  counties  of  Washington,  Greene, 

and  Fayette,  without  being  liable  to  inspection,  736 

8.  All  flour,  liable  to  inspection,  to  be  made  merchantable,  and  of  due  fine¬ 
ness,  736 

9.  Corn  meal  for  exportation  to  be  made  of  kiln-dried  corn,  bolted  and  cooled 

before  packing,  736 

10.  Sour  and  damaged  flour  may  be  exported  as  such,  737 

11.  Flour  to  be  packed  in  barrels  and  half  barrels,  well  made,  of  seasoned  ma¬ 
terials,  &c.  737 

12.  Size  and  denomination  of  barrels  and  half  barrels  particularly  speci¬ 
fied,  737 

13.  Quantity  of  flour  to  be  packed  in  each  barrel  and  half  barrel,  particularly 

specified,  737 

14.  Millers  to  brand  the  barrels  and  half  barrels  with  the  proper  number  and 

denominations,  &c.  under  a  penalty  of  twenty  cents  for  each  barrel  and  half  bar¬ 
rel,  737 

15.  How  rye  meal  may  be  packed  in  barrels  and  half  barrels  for  exporta¬ 
tion,  .  737 

16.  Flour  of  rye,  and  meal  of  Indian  corn,  may  be  packed  in  purcheons  or  hogs¬ 
heads,  well  made,  and  of  suitable  materials,  &c.  737 

17.  Size  of  puncheons  and  hogsheads  designated,  737 

18.  Quantity  of  flour  and  meal  to  be  packed  in  puncheons  and  hogsheads  de¬ 
signated,  738 

19.  Casks  containing  rye  flour  and  corn  meal  to  be  tared,  marked,  and  brand¬ 
ed,  in  a  particular  manner,  738 

20.  Every  miller  to  have  a  particular  brand  of  his  own,  with  which  he  shall 

brand  all  casks  packed  by  him,  and  may  brand  “superfine”  liable  to  be  altered  on 
inspection,  738 

21.  And  may  also  brand  the  words  “fine  rye  flour,”  on  such  casks  as  he  may 

pack,  liable  to  be  altered  by  the  inspecting  officers,  738 

22.  All  miller’s  brands  to  be  deemed  a  warranty  by  the  miller  branding,  738 

23.  How  flour  shall  be  inspected,  739 

24.  Brands  to  be  cut  out,  if  the  flour  be  found  unmerchantable  on  inspec¬ 
tion,  739 

25.  Casks  of  merchantable  flour  to  be  pluged  with  stamped  plugs,  with  the 

letters  suitable  to  the  place  of  inspection,  as  officially  set  forth,  739 

26.  Forfeiture  for  packing  flour,  &c.  in  casks  of  other  dimensions  than  those 

authorized  by  law,  739 

27.  Penalty  for  packing  less  than  the  required  quantity  in  any  cask,  740 

28.  Mixed  flour  to  be  condemned,  if  offered  as  wheat  flour,  &c.  740 

29.  Penalty  for  packing  flour  in  casks  made  of  unseasoned  timber,  740 

30.  Penalty  for  lading  or  shipping  flour  for  transportation,  out  of  the  state,  pre¬ 
vious  to  the  same  being  first  inspected,  740 

31.  Penalty  for  offering  to  transport  flour  or  meal  out  of  the  state,  without  be¬ 
ing  first  inspected,  proved  and  branded,  740 


INDEX. 


865 


32.  Penalty  for  impressing  the  words  “fine,”  or  “superfine”  on  casks  contain¬ 
ing  flour  of  a  different  quality  or  fineness,  740 

33.  Penalty  for  fraudulently  branding  or  shipping,  or  attempting  to  ship,  &c. 
wheat  flour  as  superfine,  or  rye  flour  as  fine,  knowing  it  to  be  inferior,  <fcc.  741 

34.  Penalty  for  fraudulently  branding  or  shipping  unmerchantable  corn 

meal,  741 

35.  Penalty  for  marking  false  tare,  741 

36.  Millers  to  cause  their  brands  to  be  entered  with  the  clerk  of  the  court  of 

quarter  sessions  of  the  proper  county,  under  a  penalty  of  five  dollars  per  month  for 
every  neglect,  742 

37.  Wagons,  carts,  &c.  carrying  flour  or  meal,  to  be  provided  with  good  cov¬ 
erings,  742 

38.  Open  boats,  flats,  &c.  to  be  provided  with  good  and  sufficient  tarpaul- 

ings,  742 

39.  Flour  designed  for  exportation  to  be  placed  in  store,  or  under  a  sufficient 

shelter  from  the  weather,  742 

40.  Carriers  of  flour,  &c.  suffering  it  to  be  damaged  carelessly,  subject  to  a 

penalty,  742 

41.  Masters  of  vessels  to  declare  the  number  of  barrels  in  their  manifests,  and 

the  inspectors  to  have  a  free  access  to  their  cargoes,  742 

42.  Penalty  on  the  neglect  or  refusal  of  masters  of  vessels  in  such  cases,  742 

43.  Fees  to  be  demanded  by  the  inspectors  of  flour  in  the  several  inspection 

districts,  742-3 

44.  Inspectors  may  demand  their  fees  of -the  owner,  the  person  employing 

them,  agent,  &c.  or  of  the  person  in  possession,  743 

45.  Fees  of  inspection  a  charge  on  the  article,  distinct  from  any  price  that 

may  be  agreed  on,  743 

46.  The  same  fees  demandable,  whether  the  article  be  approved  or  condemn¬ 
ed,  743 

47.  Salted  beef  and  pork  liable  to  be  inspected  at  Philadelphia,  if  designed  for 

exportation,  743 

48.  Proviso,  exempting  inported  beef  and  pork  from  inspection,  if  brought 

from  another  state,  &c.  743 

49.  Beef  and  pork  to  be  properly  secured  with  a  sufficient  quantity  of  salt,  744 

50.  Casks  to  be  used  for  packing  saltedbeef  and  pork,  how  to  be  made,  and  of 

what  stuff,  &c.  744 

51  Dimensions  of  the  casks  to  be  used  for  packing,  744 

52.  Quantity  of  beef  and  pork  to  be  put  in  each  cask,  744 

53  What  pieces  of  beef  maybe  packed  in  each  cask,  744 

54.  What  pieces  of  pork  maybe  packed  in  each  cask,  744 

55.  Extra  mess,  prime  and  cargo  beef,  the  description  and  quality  of  it  particu¬ 
larized  and  set  forth,  as  Nos.  1,  2,  3  and  4,  744 

56.  Mess,  prime  and  cargo  pork,  the  quality  and  assortment  of  it  particularly 

set  forth  and  specified,  as  Nos.  1,  2,  3  and  4,  744 

57.  The  branding  of  the  words  “extra  mess,”  “prime,”  & c.  to  be  deemed  a 

warranty  of  the  article,  745 

58.  The  cooper  or  packer  of  all  beef  and  pork  to  brand  his  name  upon  the 

casks,  745 

59.  Inspector  at  Philadelphia,  to  brand  all  beef  or  pork  inspected  by  him  with 

the  word  “Philadelphia,”  745 

60.  Inspector  to  effaee  the  brand-marks  on  all  casks  of  unmerchantable  beef 

and  pork,  and  mark  the  same  with  the  mark  of  a  cross,  thus  X ,  745 

61.  Penalty  for  fraudulently  impressing  certain  words,  as  “mess,”  “prime,” 

&c.  on  casks,  and  for  lading,  shipping,  or  attempting  to  lade  or  ship,  beef  or  pork  in 
such  casks,  of  an  inferior  quality,  746 

62.  Penalty  for  selling  beef  and  pork  for  ship  stores,  or  for  exportation,  before 

inspection,  746 

s  63.  Shad  and  herring  liable  to  be  inspected  at  Philadelphia,  746 

64.  Salted  fish  liable  to  be  inspected  at  Pittsburgh  and  Columbia,  746 

65.  Imported  shad  or  herring  to  be  inspected,  746 

66.  Salted  fish  to  be  well  packed,  in  casks  of  a  particular  description,  746 

130 


866 


INDEX. 


67.  Dimensions  of  the  casks,  barrels  and  half-barrels,  in  which  salted  fish  are 

to  be  packed,  746 

68.  Packers  of  salted  fish  to  brand  their  names  at  full  length  on  all  casks  by 

them  packed,  747 

69.  Notice  to  be  given  at  Pittsburgh  and  Columbia  of  fish  brought  to  said  places, 

within  eight  days,  under  a  particular  penalty,  747 

70.  Inspection  of  salted  fish,  how  to  be  made,  747 

71.  Merchantable  fish,  how  to  be  branded  by  the  inspector,  747 

72.  Unmerchantable  fish,  how  to  be  branded  by  the  inspector,  747 

73.  Penalty  for  exporting  salted  fish  from  Philadelphia,  without  inspection,  748 

74.  Inspector  may  inspect,  after  the  penalty  for  neglect  has  been  incurred  and 

paid,  748 

75.  Penalty  for  fraudulently  packing  salted  fish,  748 

76.  Salted  fish  liable  to  re-inspection,  after  six  months,  if  not  sold,  748 

77.  Casks  to  be  filled  by  the  owner,  and  packed  as  required  by  the  inspec¬ 
tor,  748 

78.  Fees  for  inspecting  salted  fish,  748 

79.  Fees  for  inspecting  salted  beef  and  pork,  749 

80.  Inspectors  may  receive  the  customary  compensation  for  cooperage,  749 

81.  But  the  owner  may  employ  any  person  to  do  the  necessary  cooperage,  749 

82.  Fees  for  inspecting  unmerchantable  provisions  to  be  the  same  as  if  mer¬ 
chantable,  749 

83.  Butter  and  hog’s  lard  to  be  inspected,  before  leaving  the  Delaware,  if  de¬ 
signed  for  exportation,  .  749 

84.  Butter  and  hog’s  lard  may  be  packed  and  put  up  in  kegs*,  half-kegs,  tubs,  or 

canisters,  749 

85.  Dimensions  of  kegs  and  half-kegs  particularly  specified,  749 

86.  Each  keg,  half-keg,  and  tub,  to  be  properly  tared,  750 

87.  Centre-bit  to  be  used  in  inspecting  butter  and  lard,  750 

88.  How  butter  and  lard  shall  be  branded,  750 

89.  The  marks  and  numbers  to  be  used,  for  designating  the  particular  quality 

of  butter  and  lard,  750 

90.  Kegs,  &c.  of  unmerchantable  butter  and  lard  to  be  marked  with  a  cross, 

thus  X,  750 

91.  Every  fifth  canister  only  need  be  inspected,  750 

92.  When  butter  and  lard  may  be  forfeited  for  the  use  of  the  guardians  of  the 

poor,  750 

93.  Penalty  for  exporting  butter  and  lard  not  packed  in  kegs,  half-kegs,  tubs  or 

canisters,  751 

94.  Penalty  for  exporting  butter  and  lard  not  inspected  and  marked  as  mer¬ 
chantable,  751 

95.  Fees  of  the  inspector  of  butter  and  lard,  751 

96.  Inspector  may  receive  a  compensation  for  cooperage,  751 

97.  But  the  owner  may  employ  any  person  to  do  the  necessary  cooperage,  751 

98.  By  whom  the  expense  of  inspection  shall  be  paid,  751 

99.  Pot  and  pearl  ashes  liable  to  be  inspected,  if  intended  for  exportation  from 

Philadelphia,  751 

100.  If  imported  from  any  other  state  or  county,  and  properly  marked  and 

branded,  need  not  to  be  inspected,  751 

101.  To  be  packed  and  put  up  in  full  bound  casks,  752 

102.  How  to  be  inspected  and  assorted,  752 

103.  Inspector  to  weigh  the  casks,  and  tare  and  mark  thereon  the  gross 

weight,  752 

104.  Adulterized  ashes  to  be  marked  “condemned,”  752 

105.  Cooperage  to  be  do#e  to  insufficient  casks,  at  the  expense  of  the  sel¬ 
ler,  752 

106.  Penalty  for  exporting  ashes  not  inspected  and  approved,  752 

107.  Penalty  for  selling  condemned  ashes,  753 

108.  Tobacco  designed  for  exportation  from  Philadelphia,  to  be  inspected  by 

t  he  inspector  appointed  for  that  port,  753 

109.  Tobacco  imported,  exempted  from  inspection,  if  properly  branded,  753 

110.  Inspector  of  tobacco  to  provide  suitable  store  houses,  presses,  &c.  753 


INDEX. 


867 


111.  Inspector  to  strip,  sample,  and  press  the  tobacco  by  him  inspected,  753 

112.  Penalty  for  exporting  tobacco  without  inspection,  754 

113.  Fees  for  inspecting  tobacco,  and  compensation  for  storage,  <fcc.  754 

114.  Domestic  distilled  spirits,  designed  for  exportation  from  Philadelphia,  lia¬ 

ble  to  be  inspected  at  Philadelphia,  Lancaster,  Columbia,  Washington  (Lancaster 
county,)  Wrightsville  and  Norristown,  754 

115.  Every  inspector  to  be  a  gauger,  and  to  inspect,  gauge,  and  mark  all  casks 

inspected,  &c.  754 

116.  Spirituous  liquors,  how  to  be  put  up,  754 

117.  Kind  of  casks  to  be  used  for  the  purpose,  and  how  to  be  made,  and  of 

what  materials,  755 

118.  Inspectors  to  procure  scales,  callipers  and  hydrometers,  the  last  to  be  of 

Dicas’  Liverpool  patent  hydrometer,  755 

119.  Standard  of  proofs  to  be  correctly  established,  755 

120.  The  proofs,  how  to  be  marked,  .  755 

121.  Prices  fixed,  which  the  seller  may  demand  for  casks,  755 

122.  Penalty  for  exporting  from  Philadelphia,  before  inspection,  755 

123.  Liquors  sold  by  inspection,  to  be  first  inspected  and  gauged  by  the  proper 

inspectors,  756 

124.  Penalty  for  holding  liquors  under  the  proof  marked,  756 

125.  Inspector  at  Philadelphia  to  inspect  and  gauge  casks  containing  cider,  756 

126.  Penalty  on  inspectors  and  gaugers  for  gauging  and  marking  erroneous¬ 
ly,  756 

127.  If  any  inspector  officially  misbehave,  his  official  bond  to  be  put  in  suit,  756 

128.  Fees  of  inspectors  and  gaugers,  by  whom  to  be  paid,  756 

129.  Fees,  by  whom  to  be  paid  in  cases  of  re-inspection,  757 

130.  Penalty  on  inspector  or  his  deputy  for  private  gauging,  or  re-gauging, 

&c.  757 

131.  Penalty  on  inspector  or  deputy  for  being  in  any  way  concerned  in  busi¬ 
ness  with  any  distiller,  &c.  757 

132.  Black-oak  bark,  liable  to  inspection,  if  intended  for  exportation  from 

Philadelphia,  757 

133.  Hovv  it  must  be  prepared  and  packed,  757 

134.  Manufacturer  to  brand  his  name  on  the  casks,  under  a  penalty  of  one  dol¬ 
lar  for  each  cask,  757 

135.  To  be  deposited  at  such  convenient  place  for  inspection  as  the  inspector 

may  direct,  757 

136.  Inspector  to  give  the  person  depositing  a  receipt,  758 

137.  How  to  be  assorted  into  qualities,  and  how  to  be  denominated,  758 

138.  How  such  bark  shall  be  inspected,  758 

139.  How  it  shall  be  branded,  if  merchantable,  758 

140.  When  it  shall  be  condemned,  and  how  it  shall  be  branded  in  such 


case,  758 

141.  Inspector  to  weigh  the  bark,  and  give  the  owner  an  invoice,  758 

142.  Penalty  for  exporting,  &c.  before  inspection,  758 

143.  Penalty  for  returning  too  light  a  tare,  759 

144.  Proviso,  exempting  unground  bark  from  inspection,  759 

145.  Fees  for  inspection,  and  compensation  for  storage,  759 

146.  Boards,  plank,  shingles,  &c.  liable  to  inspection,  if  intended  for  exporta¬ 
tion  from  Philadelphia,  759 

147.  When  for  exportation,  to  be  sound,  &c.  759 

148.  Fees  for  inspection  of  boards,  plank,  shingles,  &c.  and  by  whom  to  be 

paid,  759 

149.  Commissioners  of  Cumberland,  Dauphin,  Lancaster  and  York  counties  to 

appoint  inspectors,  &c.  759 

150.  Boards  and  plank  to  be  reduced  to,  and  counted  as  inch  measure,  of  three 

qualities,  760 

N  151.  Flaxseed  to  be  inspected,  if  designed  for  exportation  from  Philadel¬ 
phia,  761 

152.  How  the  casks  to  be  used  for  packing  are  to  be  made,  761 

153.  The  sizes  of  the  casks  specified,  761 


868 


INDEX. 


154.  Each  cask  to  be  branded  with  the  name  of  the  person  who  cleansed  and 

prepared  it,  761 

155.  Penalty  for  exporting,  &c.  in  casks  of  different  form,  or  containing  less 

quantity,  &c.  761 

156.  Penalty  for  exporting  casks  not  duly  branded,  761 

157.  Inspectors  to  be  appointed  by  the  governor,  762 

158.  Two  inspectors  of  domestic  distilled  spirits  to  be  appointed  for  Philadel¬ 
phia,  762 

159.  Inspectors  may  appoint  deputies;  their  powers,  762 

160.  Inspectors  of  Philadelphia  to  appoint  deputies  jointly;  and  inspectors  of 

flour  to  appoint  deputies,  in  particular  districts  of  the  city  and  county,  as  speci¬ 
fied,  762 

161.  Oaths  to  be  taken  by  inspectors,  and  where  to  be  filed,  763 

162.  Bonds  of  the  inspectors  how  to  be  taken,  and  the  conditions  thereof,  763 

163.  Bonds  to  be  acknowledged  and  recorded  in  the  proper  county,  763 

164.  Copies  of  bonds,  duly  certified,  &c.  to  be  made  evidence  in  certain  ca¬ 
ses,  763 

165.  Inspectors  required  to  procure  the  necessary  brands  and  instruments, 

&c.  763 

166.  Inspectors  to  proceed,  upon  reasonable  request,  &c.  unless  actually  en¬ 
gaged,  under  a  penalty  of  two  dollars  and  fifty  cents  for  every  delay  of  three 
hours, 

167.  Owners  fined,  may  have  the  judgment  reviewed  by  triers,  &c. 

168.  Magistrates,  upon  application,  to  issue  warrants  to  triers,  &c. 

J69.  How  triers  shall  be  appointed, 

170.  Magistrate  to  nominate  a  trier  for  inspector,  if  inspector  refuses  to 
point, 

171.  Trier  to  report  to  the  magistrate, 


763 

764 
764 
764 
ap- 

764 
764 

172.  Proceedings  in  cases  where  the  triers  adjudge  the  articles  inspected  to  be 
’  "  764 

765 
765 
765 
765 
765 


merchantable, 

173.  The  finding  of  the  triers  to  be  conclusive, 

174.  Appeals  not  to  be  allowed  after  20  days, 

175.  Inspectors  to  keep  a  true  account  of  all  articles  by  them  inspected, 

176.  Penalty  for  neglecting  to  keep  accounts, 

177.  Penalty  for  making  fraudulent  entries, 

178.  Deputy  inspectors  to  report  to  their  principals  within  24  hours  of  per¬ 
forming  services,  765 

179.  Inspectors  to  report  annually,  in  the  month  of  January,  to  the  auditor 

general,  765 

180.  Inspectors  and  deputies  not  to  trade  in  the  articles  inspected  by  them,  766 

181.  Penalty  on  persons  acting  without  authority,  766 

182.  Power  and  authority  of  inspectors  to  enter  craft,  inclosures,  mills,  stores, 

&c.  766 

183.  Inspectors  to  take  possession  of  forfeited  articles,  766 

184.  Forfeited  articles  to  be  sold  at  auction,  766 

185.  Persons  obstructing  inspectors,  &c.,  to  be  deemed  guilty  of  a  misdemean¬ 
or  and  fined,  &c.  767 

186.  Persons  counterfeiting  marks,  &c.,  to  be  deemed  guilty  of  a  misdemeanor, 

and  fined,  &c.  767 

187.  Penalty  on  persons  packing  articles  in  casks,  having  inspectors  marks, 

with  intention  to  defraud,  &c.  767 

188.  Persons  counterfeiting  the  marks  of  a  miller,  manufacturer,  &c.,  to  be 

deemed  guilty  of  a  misdemeanor,  and  fined,  &c.  767 

189.  Penalty  on  inspectors  demanding  illegal  fees,  767 

190.  Fines  and  penalties  incurred  under  the  inspection  laws,  how  to  be  re¬ 
covered, 

191.  Town  councils  of  the  borough  of  Allegheny,  and  the  Northern  Liberties 

of  Pittsburgh,  authorized  to  elect  an  insjpectorof  salt  for  each  borough,  768 

192.  Inspectors  of  salt,  of  said  boroughs,  to  give  bond,  and  make  annual  re¬ 
ports,  &c.  768 

193.  Corn  meal,  intended  for  exportation,  may  be  either  bolted  or  sifted, 

&c.  768 


INDEX. 


869 


194.  Boards  and  plank  may  be  exported  without  being  straight  edged,  &c.  768 

195.  No  inspection  of  flour  necessary,  if  transported  by  the  Susquehanna  or 

Delaware,  to  a  market  out  of  the  state,  but  in  the  United  States,  769 

196.  Proviso  relative  to  the  inspection  of  foreign  produce,  &c.  769 

197.  Pot  and  pearl  ashes,  how  to  be  put  up,  the  manner  and  casks,  &c.,  parti¬ 
cularly  described,  769 

198.  Size  of  the  casks,  manner  of  package,  &  c.,  not  to  be  construed  to  extend 

to  any  produce  whatever  of  other  states  than  Pennsylvania,  769-70 

INTEREST. 

1.  Interest  on  all  city  bills  outstanding,  to  cease  after  the  1st  day  of  April, 

1835,  679 

2.  Amount  appropriated  for  the  payment  of  interest  on  the  city  debt,  in  the 

year  1835,  $11,142  61,  683 

3.  Interest,  at  the  rate  of  6  per  cent,  per  annum,  guaranteed  to  the  stockholders 
of  the  gas  works  stock,  by  the  corporation,  upon  the  amount  invested  and  actually 
paid  into  the  city  treasury,  prior  to  the  conversion  of  the  stock  into  a  city  loan,  687 

4.  The  semi-annual  dividends,  or  payments  of  interest,  on  the  loan  of  $  75,000, 

authorized  by  the  ordinance  of  the  29th  of  November,  1834,  chap.  191,  ante,  page 
675-77,  made  payable  at  the  Bank  of  Pennsylvania,  in  Philadelphia,  in  place  of  the 
Schuylkill  Bank,  696 

5.  Interest  at  the  rate  of  5  per  cent,  per  annum,  payable  half  yearly  at  the  city 

treasury,  or  at  the  Bank  of  Pennsylvania,  in  Philadelphia,  to  be  allowed  on  the 
loan  of  $  30,000,  authorized  by  ordinance,  chap.  216,  708 

6.  Interest  at  the  rate  of  5  per  cent,  per  annum,  to  be  paid  half  yearly,  either 

at  the  Bank  of  Pittsburgh,  or  at  the  Bank  of  Pennsylvania,  in  Philadelphia,  on  the 
loan  of  $  20,000,  authorized  for  the  purchase  of  400  additional  shares  of  the  stock 
of  the  Pittsburgh  gas  works,  711 

7.  Interest  on  the  gas  works  stock,  guaranteed  by  the  city,  to  be  paid  half 

yearly  to  the  stockholders,  on  the  amount  of  subscriptions  paid  in,  from  the  date  of 
payment,  according  to  the  true  intent  and  meaning  of  the  ordinances  of  27th  April, 
16th  May,  and  1st  June,  1835,  711 

IRWIN’S  ALLEY. 

1.  Exchange  alley  to  be  opened  twenty  feet  wide,  from  Hand  street  to  Irwin’s 

alley,  excepting  and  preserving  to  A.  L.  Kerr,  and  N.  W.  Prestley,  so  much  of  the 
said  alley  as  their  brick  buildings  now  stand  on,  so  long  as  the  said  buildings  do 
stand,  697-8 

2.  Said  alley  to  be  opened  twenty  feet  wide,  according  to  the  provisions  of 

the  3d,  4th,  5th,  and  6th,  sections  of  the  act  of  assembly,  passed  on  the  6th  of  April, 
1833,  ante ,  page  606-7,  698 

IRWIN  STREET. 

1.  Exchange  alley  to  be  opened  from  St.  Clair  street  to  Irwin  street,  under  the 

direction  of  the  court  of  common  pleas  of  Allegheny  county,  718-19 

2.  Court  of  common  pleas  to  appoint  15  or  more  disinterested  freeholders,  who 

shall  meet  on  five  days  notice,  and  if  any  12  or  more  attend,  being  first  sworn  or  af¬ 
firmed,  they  shall  proceed  to  view  the  said  alley,  &c.  719 

3.  To  be  laid  out  16  feet  wide,  through  the  block  of  lots  on  Liberty  and  Penn 

streets,  from  St.  Clair  to  Irwin  street,  719 

4.  Damages  incurred  in  laying  out  said  alley,  to  be  assessed,  taking  into  view 

the  advantages  arising  as  well  as  the  injury  done  to  private  property,  &c.  719 

5.  If  a  sufficient  number  of  viewers  do  not  attend,  or  cannot  agree,  the  court 

of  common  pleas  to  appoint  others  in  their  places,  &c.  719 

6.  Viewers  to  make  a  full  report  to  the  court,  which  shall  be  entered  on  record, 

and  if  affirmed  by  the  court,  the  said  alley  shall  thenceforth  be  deemed  and  taken 
to  be  a  lawful  public  alley,  719 

7.  Damages  assessed  by  the  viewers  to  be  a  lien  against  the  lot  or  lots  which 

may  be  respectively  assessed,  719 

.  8.  To  be  recovered  by  writ  of  scire  facias,  in  the  name  of  the  commonwealth, 
for  the  use  of  the  person  in  whose  favor  such  damages  are  assessed,  as  debts  secured 
by  mortgages  are  now  bylaw  recoverable,  719 


870 


INDEX. 


9.  Writs  of  scire  facias  to  be  issued  as  soon  as  the  court  shall  confirm  the  re* 

port  of  the  viewers,  719 

10.  Alley  to  be  opened  by  the  street  commissioners,  by  order  of  the  court  of 

common  pleas,  as  soon  as  the  costs  and  damages  shall  be  paid  to  the  persons  entitled 
to  the  same,  719 

JOINT  COMMITTEES. 

1.  A  joint  committee,  to  consist  of  one  from  the  select,  and  two  from  the  com¬ 

mon  council,  to  be  annually  appointed,  in  the  month  of  January,  to  be  styled  “  the 
committee  on  fire  companies.”  692 

2.  Duty  of  the  joint  standing  committee  on  fire  companies,  to  keep  regular  and 
fair  minutes  of  their  proceedings,  entered  in  a  book  to  be  kept  for  that  purpose,  and 
also  to  file  and  preserve  all  papers  and  communications  made  by  or  to  them,  693 

3.  Book  of  minutes,  &c.,  of  the  committee  on  fire  companies,  to  be  open  at  all 

times  to  the  inspection  of  any  member  of  either  council ;  and  once  in  each  month, 
at  a  stated  meeting  of  the  councils,  the  said  book  of  minutes,  & c.,  shall  be  laid  on 
the  table  of  the  clerk  of  one  of  the  councils,  for  the  information  of  the  mem¬ 
bers,  693 

4.  The  joint  committee  of  councils  on  fire  companies,  authorized  to  purchase 

from  the  Methodist  Episcopal  church,  a  lot  of  ground,  corner  of  Seventh  street  and 
Miltenberger’s  alley,  for  the  use  of  the  Neptune  Fire  Engine  and  Hose  Companies, 
for  the  sum  of  $  1000,  707 

5.  Councils  annually  to  appoint  a  joint  committee  of  one  from  the  select,  and 

two  from  the  common  council,  whose  duty  it  shall  be  to  consult  with  the  mayor, 
and  discharge  other  duties  respecting  the  employment  and  management  of  the  per¬ 
manent  city  watch,  713 

6.  Said  committee  to  report  to  councils  quarterly,  at  the  stated  meetings  in 

March,  June,  September,  and  December,  of  each  year,  the  state  of  the  appropria¬ 
tion,  and  all  things  connected  with  the  watch,  that  they  may  deem  important  to  the 
public  interest,  713 

7.  Said  committee,  with  the  mayor,  to  appoint  the  officers,  captains, lieutenants 

and  watchmen,  subject  to  their  removal,  &c.  714 

8.  The  joint  committee  of  councils,  on  streets,  grading  and  paving,  authorized 

and  required  to  alter  the  grade  of  Second  street,  from  Ross  street  to  the  eastern 
boundary  of  the  city,  717 

9.  And  to  extend  the  said  streets  from  the  city  line,  so  as  to  intersect  the  street 

leading  to  the  gas  works,  in  such  manner  as  may  be  best  calculated  to  insure  the 
commodious  and  safe  conveyance  of  gas  from  the  works  to  the  city  line,  717 

10.  The  joint  committee  of  councils,  on  Water,  &c.,  authorized  and  required 

to  lay  down  water  pipes  along  Second  street,  from  Ross  street  to  the  eastern  boun¬ 
dary  of  the  city,  and  to  continue  the  same  thence  to  a  point  opposite  the  gas 
works,  717 

JOINT  MEETINGS  OF  COUNCILS. 

City  councils  to  meet  in  joint  meeting,  for  the  purpose  of  electing  city  officers, 
on  the  third  Tuesday  of  January,  annually,  in  place  of  the  second  Tuesday,  as  here¬ 
tofore,  668 

JUDGMENTS. 

1.  The  apportionment  and  assessment  of  damages  by  the  viewers,  for  opening 

and  extending  certain  streets  and  highways,  under  the  act  of  15th  April,  1835,  when 
approved  of  by  the  court,  to  be  filed  of  record,  &c.,  and  remain  a  lien  upon  the 
property,  benefited,  until  paid  with  costs,  &c.  699 

2.  Writs  of  scire  facias,  to  issue  against  individuals  neglecting  or  refusing  to 

pay  their  several  apportionments,  after  sixty  days  notice,  and,  unless  sufficient  cause 
be  shown,  execution  to  issue  to  levy  the  same,  in  the  same  manner  that  judgments 
in  civil  actions  are  levied,  699 

JURORS  AND  JURIES. 

In  all  cases  to  be  tried  in  the  district  court  of  Allegheny  county,  in  which  the 
city  of  Pittsburgh  is  directly  or  indirectly  interested,  although  the  said  city,  by  its 
corporate  name,  be  not  a  party  to  the  record,  the  same  shall  be  tried  by  a  jury  from 


INDEX. 


871 


which  all  persons  resident,  or  owning  real  property  in  said  city,  shall  be  exclu¬ 
ded,  '  777 

JUSTICES  AND  ALDERMEN. 

1.  The  justices  of  the  peace,  and  aldermen,  of  every  city,  incorporated  town¬ 

ship  and  borough,  in  this  commonwealth,  shall  have  full  power  and  authority,  to 
hear  and  determine  all  actions  of  debt  for  penalty,  for  the  breach  of  any  ordinance, 
by-law,  or  regulation  of  such  city,  township,  or  borough,  in  the  same  manner,  and 
subject  to  the  same  right  of  appeal,  as  in  cases  of  debts  under  $100;  and  all  such  ac¬ 
tions  shall  be  instituted  in  the  corporate  name  of  such  city,  borough,  or  town¬ 
ship,  697-700 

2.  Their  duties  under  the  inspection  laws  of  the  state,  Sec.  See  title  “Inspec¬ 

tion  of  Produce,”  and  also  act  of  assembly  entitled  “An  act  relating  to  inspections,” 
passed  15th  April,  1835,  and  the  several  supplements  thereto,  736-70 

3.  No  person  to  be  entered  on  the  poor  book  of  any  district,  or  be  relieved, 

without  an  order  from  some  two  justices  of  the  peace  or  aldermen,  779 

4.  Consent  of  two  justices  of  the  peace  or  aldermen,  necessary  to  the  binding 

out  of  poor  children  as  apprentices,  by  the  overseers  of  the  poor,  779 

5.  Overseers  of  the  poor,  aggrieved  by  the  refusal  of  any  justice  of  the  peace  or 

alderman,  to  make  an  order  of  removal,  may  appeal  to  the  next  court  of  quarter 
sessions,  783 

6.  Justices  of  the  peace  and  aldermen  may  issue  warrants  of  apprehension,  in 

cases  of  desertion  by  husband  and  wife,  783 

7.  Their  duty,  in  such  cases,  to  require  security  from  the  parties  for  their  ap¬ 
pearance  at  the  next  court  of  quarter  sessions,  783 

8.  Justices  of  the  peace  and  aldermen  to  keep  a  record  of  every  fine,  &c.  re¬ 
ceived  for  the  poor,  and  to  deliver  transcripts  thereof  to  the  constables,  Sec.  785 

9.  Penalty  on  justices  of  the  peace  and  aldermen  for  failing  to  perform  that 

duty,  or  to  pay  over  moneys,  785-6 

10.  Overseers  to  demand  from  justices  of  the  peace  and  aldermen,  all  such 

fines,  Sec.  as  are  imposed  by  them,  for  the  use  of  the  poor,  786 

11.  Any  person  aggrieved  by  the  judgment  of  any  justice  of  the  peace  or  aider- 

man,  under  the  poor  laws,  may  appeal  to  the  next  court  of  quarter  sessions,  whose 
decision  shall  be  final,  787 

KEEL  BOATS. 

All  keel  boats  arriving  in  the  city,  to  be  examined  by  the  wharf  master,  and 
by  him  be  reported  to  the  sanitary  board,  or  the  mayor,  in  such  manner  as  the  said 
board  may  from  time  to  time  require,  660 

KEGS  AND  TUBS. 

See  title  “Inspection  of  Produce,”  and  also  act  of  assembly  entitled  “An  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

KERR,  A.  L. 

In  opening  Exchange  alley,  from  Hand  street  to  Irwin’s  alley,  the  same  is  not 
to  interfere  with  the  brick  buildings  of  A.  L.  Kerr,  on  said  alley,  as  they  now  stand, 
so  long  as  the  said  buildings  do  stand,  •  698 

KILN-DRIED  CORN  MEAL. 

See  title  “Inspection  of  Produce,”  and  also  act  of  assembly  entitled  “An  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

LAFAYETTE,  GENERAL. 

Proceedings  of  the  city  councils  on  occasion  of  the  death  of  General  Lafayette 
— the  presidents  of  councils  to  address  a  letter  of  condolence  to  his  family,  and 
the  members  to  wear  the  usual  badge  of  mourning  for  sixty  days,  672 

LANDINGS  AND  WHARVES. 

The  space  of  ground  between  the  line  of  Duquesne  Way,  and  the  low  water 


872 


INDEX. 


mark  of  the  Allegheny  river,  (when  said  way  is  laid  out,)  to  be  forever  after  occu¬ 
pied  and  used  as  a  public  landing,  under  the  direction  of  the  city  councils,  771 

LAND  MARKS. 

Land  marks,  of  suitable  materials,  to  be  erected  or  inserted  at  suitable  points, 
within  the  new  city  district,  from  which  the  boundary  lines  of  the  said  district,  and 
the  sections,  streets,  alleys  and  squares  contained  in  the  general  plan  thereof,  may, 
at  any  time,  be  retraced  and  determined,  securing  the  same,  as  far  as  may  be,  from 
injury  or  displacement,  774 

LAWS  AND  ORDINANCES. 

1.  All  laws,  ordinances  and  regulations  passed  by  the  councils,  since  the  27th 

May,  1833,  and  all  acts  or  parts  of  acts  of  assembly  relating  to  the  city,  to  be  collect¬ 
ed  and  publishd  in  pamphlet  form,  under  the  direction  of  the  presidents  of  the 
councils  and  the  recorder  of  the  city,  705 

2.  A  list  of  the  officers  of  the  corporation,  and  a  statement  of  the  outstanding 

loans  to  be  appended  to  the  said  publication  of  the  laws  and  ordinances,  705 

3.  Two  hundred  and  fifty  copies  of  the  laws,  ordinances,  regulations  and  acts 

of  assembly  to  be  printed,  on  a  page  of  the  same  size,  and  furnished  with  marginal 
notes,  references  and  index,  in  like  form  and  manner  with  the  present  published 
compilation  of  the  city  laws,  705 

4.  Laws,  ordinances  and  regulations  hereafter  passed,  together  with  the  acts  of 

assembly  relating  to  the  city,  to  be  annually  collected  and  printed  in  pamphlet  form, 
in  like  manner,  706 

LIBERTY  STREET. 

1.  So  much  of  Liberty  street,  as  is  bounded  on  the  east  side  by  the  lines  there¬ 

of,  and  by  the  east  line  of  Pitt  street,  extended,  to  be  considered  as  the  market  lim¬ 
its  of  the  Liberty  street  market  house,  661 

2.  A  culvert  of  not  less  than  three  feet  in  diameter  to  be  placed  at  Liberty 
street,  according  to  a  diagram  filed  in  the  office  of  the  recording  regulator,  724 

LIBERTY  STREET  MARKET  HOUSE. 

1.  Mondays  and  Thursdays  of  each  week  fixed  as  market  days,  at  the  market 

house  in  Liberty  street,  under  the  same  regulations,  rules,  and  penalties,  as  former¬ 
ly  enacted,  661 

2.  Duty  of  the  street  commissioner,  forthwith,  to  cause  to  be  torn  down  and 

carried  away,  the  market  house  now  being  in  Liberty  street,  between  St.  Clair 
street  and  Cecil’s  alley,  689 

3.  Street  commissioner  authorized  and  directed  to  sell  the  materials  of  the  Li¬ 
berty  street  market  house,  for  the  best  price  that  can  be  obtained  for  the  same,  689 

4.  And  to  pay  the  proceed  thereof  into  the  city  treasury,  after  defraying  the 

expenses  of  tearing  down  and  removing  the  said  market  house,  689 

5.  Duty  of  the  city  treasurer,  after  receiving  the  proceeds  of  such  sale,  to  dis¬ 

tribute  the  amount  thereof,  among  the  stockholders  or  subscribers  to  the  erection  of 
the  said  market  house,  in  a  pro  rata  proportion  to  the  amount  by  them  severally 
subscribed  towards  the  building  of  the  said  market  house,  689 

LICENSES. 

1 .  Mayor  authorized  to  grant  licenses  to  persons  following  the  business  of  sell¬ 

ing  country  produce  at  second  hand,  to  have  portable  stalls  placed  within  the  mar¬ 
ket  place,  in  the  Diamond  market  house,  at  such  place  or  places  as  may,  from  time 
to  time,  be  directed  by  the  officer  of  the  markets,  for  the  purpose  of  exposing  to 
sale  such  articles  of  country  produce  as  they  may  have  purchased  without  the  lim¬ 
its  of  the  city,  725 

2.  Ten  dollars  per  year  to  be  paid  to  the  mayor,  for  the  use  of  the  city,  for  eve¬ 

ry  such  license;  and  37J  cents  per  day  to  be  paid  to  the  clerk  of  the  markets,  for  the 
use  of  the  city,  by  occasional  visiters,  occupying  such  stalls,  725 

LIENS. 

1.  The  damages  assessed  by  the  viewers,  for  the  opening  and  extension  of 


INDEX. 


873 


Exchange  alley  from  St.  Clair  to  Irwin  street,  through  the  block  of  lots  between 
Liberty  and  Penn  streets,  when  approved  by  the  court,  to  be  a  lien  to  all  intents 
and  purposes  against  the  lot  or  lots  upon  which  the  damages  may  be  respectively 
assessed,  719 

2.  Damages  to  be  recovered  by  writs  of  scire  facias,  in  the  name  of  the  com¬ 

monwealth,  for  the  use  of  the  person  in  whose  favor  they  are  assessed,  in  the  same 
manner  as  debts  secured  by  mortgage  are  now  by  law  recoverable,  719 

3.  Apportionment  and  assessment  of  damages  by  the  viewers,  for  opening  and 

extending  certain  streets  ^md  highways,  according  to  the  act  of  15th  April,  1835,  to 
be  filed  of  record,  &c.  and  to  be  a  lien  upon  property  benefited,  until  paid,  with 
costs,  &c.  699 

LIEUTENANTS  OF  THE  WATCH. 

1.  Lieutenants  of  the  watch  clothed  with  all  the  powers  and  authorities  of  the 
city  constables,  712 

2  Their  duly  to  attend  at  the  watch  house, at  nine  o’clock,  P.  M.  every  night, 
(unless  necessarily  absent)  to  receive  instructions,  &c.  712 

3.  In  the  absence  of  the  captain,  the  senior  lieutenant,  to  be  designated  as  such 

by  the  mayor,  shall  take  upon  himself  the  duties  of  that  officer,  and  be  held  ac¬ 
countable  for  their  proper  execution,  712 

4.  To  report  themselves  every  two  hours  through  the  night,  at  the  watch  house, 

unless  engaged  in  some  special  service  by  order  of  their  superior,  for  the  purpose 
of  reporting  any  thing  of  importance  they  may  have  learned  in  their  rounds, 
&c.  712 

5.  And  also  particularly  to  report  any  lack  of  good  faith  they  may  have  observ¬ 
ed  in  the  persons  under  their  supervision,  712 

6.  To  be  appointed  to  office  by  the  mayor  and  joint  committee  of  councils, 

and  subject  to  removal  from  office  l)y  them,  714 

7.  To  give  bond  in  the  sum  of  $1000,  with  surety  to  be  approved  of  by  the 

mayor,  to  be  held  in  keeping  to  satisfy  any  damage  accruing  from  their  miscon¬ 
duct  in  office,  714 

8.  To  take  a  solemn  oath,  to  perform  the  duties  of  their  respective  offices  to 

the  best  of  their  abilities,  714 

9.  Their  salaries  increased  to  $26  per  month,  to  be  paid  monthly,  as  hereto¬ 
fore  directed,  726 


LIGHTING  COMMITTEE. 

1.  A  committee  on  gas  lighting  to  be  appointed  by  the  councils,  whose  duty  it 

shall  be  to  examine  and  approve,  from  time  to  time,  the  metres  and  fixtures  adopt¬ 
ed  or  authorized  by  the  trustees  of  the  Pittsburgh  gas  works,  for  the  distribution  of 
gas  in  the  city,  689 

2.  Public  lamps,  not  exceeding  200  in  number  in  the  whole,  as  may  be  requir¬ 

ed  by  the  committee  of  councils  on  lighting,  to  be  supplied  by  the  Pittsburgh  gas 
works,  at  one  half  the  price  paid  by  private  consumers,  689 

3.  All  fixtures  and  metres,  for  the  distribution  of  gas,  to  be  approved  of  by  the 

committee  of  councils  on  lighting,  and  to  be  provided  by  the  trustees  of  the  gas 
works  without  expense  to  the  city  corporation,  689 

LIMITS  OF  THE  MARKET. 

Limits  of  the  Liberty  street  market  extended,  so  as  to  include  so  much  of  Li¬ 
berty  street  as  is  bounded  on  the  east  side  by  the  lines  thereof,  and  by  the  east  line 
of  Pitt  street,  extended,  661 

LINEAR  MEASURES. 

The  positive  standard  of  linear  measures  fixed  and  determined  by  act  of  as¬ 
sembly,  720-21 

LIQUID  MEASURES. 

The  positive  standard  of  liquid  measures  fixed  and  determined  by  act  of  assem¬ 
bly,  720-21 

131 


874 


INDEX. 


LIST  OF  CITY  OFFICERS. 

1.  A  list  of  all  the  officers  of  the  corporation  to  be  appended  to  the  pamphlet 

editions  of  the  ordinances  of  the  city  passed  since  the  27th  of  May,  1833;  and  the 
same  to  be  published  annually  hereafter,  for  public  information,  705-6 

2.  See  appendix  No.  I,  801 

LOANS  AND  CITY  DEBT. 

1.  Mayor  authorized  to  borrow  6000  dollars,  for  sanitary  purposes,  664 

2.  Certificates  of  stock,  of  $100  dollars  each,  to  be  Issued  for  the  same,  bear¬ 

ing  an  interest  of  six  per  cent,  per  annum,  payable  half  yearly,  at  the  Bank  of  Pitts¬ 
burgh,  664 

3.  Certificates  transferable  by  the  subscribers,  their  legal  attorneys,  executors, 

administrators  or  assigns,  by  endorsement  thereon,  at  the  office  of,  and  in  pre¬ 
sence  of  the  city  treasurer,  664 

4.  Loan  not  to  be  redeemed  before  the  expiration  of  one  year  from  the  date 

thereof — and  the  corporate  property,  &c.  of  the  city,  pledged  for  the  payment  of 
the  interest  and  redemption  of  the  principal,  664 

5.  Mayor  authorized  to  borrow  $16,000  for  the  use  of  the  city,  665 

6.  Certificates  of  stock,  of  $100  each,  or  more,  to  be  issued  for  the  same, 

bearing  an  interest  of  five  per  cent,  per  annum,  payable  half  yearly  at  the  Bank  of 
Pittsburgh,  and  the  Schuylkill  Bank  at  Philadelphia,  665 

7.  Certificates  transferable  by  the  subscribers,  or  their  legal  representatives,  at 

the  office  of,  and  in  the  presence  of  the  city  treasurer,  665 

8.  Loan  not  to  be  redeemed  without  the  consent  of  the  stockholders,  before 

the  1st  of  July,  1847,  665 

9.  The  faith,  credit,  funds,  revenue,  and  corporate  property  of  the  city  pledged 

for  the  payment  of  the  interest,  and  redemption  of  the  principal,  665 

10.  Mayor  authorized  to  borrow  the  sum  of  $10,000  for  the  use  of  the  city,  670 

11.  Certificates  of  stock  thereof,  of  $100  each  or  more,  to  be  issued  for  the 

same,  bearing  an  interest  of  six  per  cent,  per  annum,  payable  half  yearly,  at  the 
Bank  of  Pittsburgh,  670 

12.  Certificates  to  be  severally  transferable,  by  the  subscribers  or  their  legal 
representatives,  at  the  office  of,  and  in  the  presence  of  the  city  treasurer,  670 

13.  Loan  to  be  redeemable,  one  half  on  the  1st  of  July,  1837,  the  other  half 

on  the  1st  of  July,  1838,  and  not  sooner,  without  the  consent  of  the  stockhol¬ 
ders,  670-71 

14.  To  be  applied  exclusively  to  pay  off  loans  heretofore  made — one  due  28th 

February,  1834,  and  the  other  due  8th  and  13th  August,  1834,  671 

15.  The  faith,  credit,  funds,  revenue,  and  corporate  property  of  the  city  pledged 

for  the  payment  of  the  interest,  and  redemption  of  the  principal,  671 

16.  Not  more  than  $6000  to  be  borrowed  by  the  mayor  under  the  ordinance  ©f 

the  27th  of  November,  1833,  authorizing  him  to  borrow  $15,000,  675 

17.  Mayxir  authorized  to  borrow  the  sum  of  $75,000  for  the  purpose  of  re¬ 
deeming  previous  loans  due,  or  about  to  fall  due,  676 

18.  Notice  to  be  published  in  the  newspapers  of  the  city  and  also  in  two  of  the 

newspapers  in  Philadelphia,  that  sealed  proposals  for  the  said  loan,  or  any  part 
thereof,  will  be  received  by  the  mayor  until  the  first  of  April,  1835,  676 

19.  Interest  on  said  loan,  at  the  rate  of  five  percent,  per  annum,  to  be  paid 

half  yearly,  either  at  the  office  of  the  city  treasurer,  at  the  Bank  of  Schuylkill,  in 
Philadelphia,  or  at  such  other  place  or  places,  as  the  councils  may  hereafter  desig¬ 
nate,  *  676 

20.  Loan  to  be  redeemable  as  follows:  $20,000,  on  the  1st  of  July,  1862;  $20,- 
000,  on  the  1st  of  July,  1864;  $20,000,  on  the  1st  of  July,  1866,  and  15,000,  on  the 
1st  of  July,  1888,  and  not  before,  without  the  consent  of  the  stockholders,  676 

21.  Certificates  of  the  stock,  of  $100  each,  or  more,  at  the  option  of  the  sub¬ 

scribers,  to  be  issued  for  said  loan,  in  the  usual  form,  and  made  transferable  by  en¬ 
dorsement  thereon,  at  the  office  of,  and  in  presence  of  the  city  treasurer,  or  at  the 
Schuylkill  Bank,  in  presence  of  the  cashier  thereof,  or  such  other  person  within 
Ihe  city  of  Philadelphia,  as  the  councils  may  hereafter  designate,  676 

2*?.  Proposals  to  be  opened  by  the  mayor,  on  the  1st  of  April,  1835,  in  presence 
of  the  city  treasurer,  and  the  committee  of  finance,  who  shall  forthwith  determine 
which  of  the  proposals  received  for  said  loan  shall  be  accepted,  676 


INDEX. 


875 


23.  Notice  to  be  forthwith  given,  by  the  mayor,  to  the  persons  whose  propo¬ 
sals  have  been  accepted  for  the  whole  or  any  part  of  the  loan  of  $75,000,  676 

24.  The  several  amounts  subscribed  to  the  said  loan  to  be  paid  into  the  city- 

treasury,  on  or  before  the  1st  of  July,  1835,  either  in  cash,  or  in  certificates  of  debts 
to  be  paid  or  redeemed  by  the  city,  676 

25.  The  faith,  credit,  funds,  revenue,  and  corporate  property  of  the  city  pledg¬ 

ed  for  the  payment  of  the  interest,  and  the  redemption  of  the  principal  of  said 
loan,  676 

28.  Mayor  to'give  notice,  by  advertisement  weekly,  in  the  newspapers  of  Pitts¬ 
burgh,  and  in  two  of  the  daily  newspapers  of  Philadelphia,  for  three  weeks,  for  an 
additional  loan  of  $5000,  upon  the  same  terms  and  conditions  as  the  previous  loan 
of  $75,000,  679 

27.  Interest  of  five  per  cent,  payable  half  yearly  on  said  loan;  certificates  to  be 

issued  in  the  usual  forur,  and  loan  not  to  be  redeemed  without  the  consent  of  the 
stockholders  before  1st  July,  1868,  679 

28.  Amount  appropriated  for  the  repayment  of  loans  falling  due  in  the  year 

1835,  $80,000,  683 

29.  The  right  of  the  corporation  reserved,  whenever  the  councils  may  deem 

it  expedient,  at  any  time,  to  take  possession  of  the  gas  works,  and  convert  the 
stock  into  a  loan,  redeemable  in  twenty  years  from  the  date  of  such  conversion, 
bearing  an  interest  of  five  per  cent,  payable  half  yearly,  on  the  first  days  of  Februa¬ 
ry  and  August,  687 

30.  Interest,  at  the  rate  of  six  per  cent,  per  annum,  guaranteed  to  the  stock¬ 

holders  of  the  gas  works  stock,  by  the  corporation,  upon  the  amount  invested,  and 
actually  paid  into  the  city  treasury,  prior  to  the  conversion  of  the  stock  into  a  city 
loan,  687 

31.  The  right  of  the  corporation  to  convert  the  stock  of  the  Pittsburgh  gas 

works  iutoa  loan,  at  five  per  cent,  redeemable  in  20  years,  suspended  until  15  years 
after  the  16th  of  May,  1835,  690-91 

32.  The  first  instalment  on  the  subscription  to  the  stock  of  the  Pittsburgh  gas 
works,  reduced  to  $5,  in  place  of  $10,  as  before  directed;  and  the  remaining  $45, 
on  each  share  of  stock  to  be  paid  in  instalments,  as  heretofore  provided  for,  691 

33.  Mayor  and  city  treasurer  authorized  to  issue  certificates  to  lenders,  under 

the  provisions  of  the  ordinance  of  the  29th  of  November,  1834,  Chap.  191,  ante,  p. 
675-77,  authorizing  a  loan  of  $75,000,  of  $1000eaeh,  696 

34.  Certificates  to  be  transferable  in  the  city  of  Philadelphia,  at  the  Bank  of 

Pennsylvania,  in  the  presence  of  the  president  or  cashier  thereof,  696 

35.  The  semi-annual  dividends  or  interest  on  such  certificates  to  be  made  pay¬ 

able  at  the  said  Bank  of  Pennsylvania,  to  the  legal  holders  thereof,  or  their  repre¬ 
sentatives,  696 

36.  So  much  of  the  said  ordinance  of  29th  November,  1834,  as  authorizes  the 

interest  of  the  said  loan  of  $75,000  to  be  made  payable  at  the  Schuylkill  Bank,  and 
requires  the  transfer  of  certificates  of  the  said  loan  to  be  made  in  the  presence  of 
the  cashier  of  the  said  Schuylkill  bank,  repealed,  696 

37.  The  sum  of  $11000  to  be  borrowed  on  loan,  to  pay  for  the  purchase  money 

of  a  lot  of  ground  for  the  use  of  the  gas  works,  at  an  interest  of  five  per  cent,  pay¬ 
able  half  yearly,  &c.  700 

38.  Statement  of  the  outstanding  loans,  of  the  city,  to  be  appended  to  the 

publication  of  the  ordinances,  to  be  published  under  the  direction  of  the  presi¬ 
dents  of  the  councils  and  the  recorder  of  the  city,  705-6 

39.  Mayor  authorized  to  borrow,  on  certain  terms  and  conditions,  the  sum  of 

$30,000,  for  the  use  of  the  corporation,  707-8 

40.  Sealed  proposals  to  be  received  by  the  mayor,  for  the  whole  or  any  part 

of  said  loan,  in  sums  of  not  less  than  $100,  until  the  1st  of  June,  1836,  708 

41.  Interest  of  five  percent,  to  be  payable  on  said  loan,  and  not  to  be  redeema¬ 
ble,  without  the  consent  of  the  stockholders,  until  the  1st  of  July,  1870,  708 

42.  Certificates  of  $100  each  to  be  issued  to  the  holders  of  the  stock;  and  the 

interest  thereon  to  be  payable,  either  at  the  office  of  the  treasurer  of  the  city,  or  at 
the  Bank  of  Pennsylvania,  in  Philadelphia,  708 

43.  Proposals  for  the  loan  to  be  opened  on  the  1st  of  June,  1836,  and  the  may¬ 
or  to  give  notice  to  the  persons  whose  proposals  are  accepted,  708 

44.  Whole  amount  of  the  loan  subscribed  to  be  paid  into  the  city  treasury,  on 


876 


INDEX. 


or  before  the  1st  July,  1836;  and  the  certificates  of  stock  made  transferable  by  en¬ 
dorsement  thereon,  either  at  the  office  of  the  city  treasurer,  or  at  the  Bank  of  Penn- 
sylvania,  &c.  708 

45.  Faith,  credit,  funds,  revenue  and  corporate  property  of  the  city  pledged  for 

the  re-pavment  of  the  said  loan,  and  the  interest  thereon,  half  yearly,  708 

46.  Mayor  authorized  to  borrow  $20,000  to  pay  for  his  subscription  on  part  of 

the  city  of  400  shares  of  stock  in  the  Pittsburgh  gas  works,  710-11 

47.  Interest,  at  the  rate  of  five  per  cent,  per  annum,  to  be  paid  on  said  loan, 

half  yearly,  either  at  the  Bank  of  Pittsburgh,  or  at  the  Bank  of  Pennsylvania,  in 
Philadelphia,  711 

48.  Certificates  of  stock  of  either  $100  or  $500,  at  the  option  of  the  lenders, 

to  be  issued  for  the  said  stock,  transferable  by  the  holders  either  at  the  treasurer’s 
office,  or  at  the  Bank  of  Pennsylvania,  ’  711 

49.  Loan  not  to  be  redeemed  or  paid  off,  without  the  consent  of  the  holders 

thereof,  before  the  1st  of  July,  1872;  and  the  money  so  borrowed  to  be  paid  to  the 
city  treasurer;  to  be  by  him  exclusively  appropriated  to  the  payment  of  warrants 
drawn  by  the  mayor  for  the  purpose  of  meeting  the  calls  of  the  trustees  of  the 
Pittsburgh  gas  works  for  instalments  upon  the  stock  aforesaid,  subscribed  for  by  him, 
in  the  name  of  the  mayor,  aldermen  and  citizens  of  Pittsburgh,  711 

50.  Interest  guaranteed  by  the  city,  to  be  paid  half  yearly,  on  the  amount  of 

subscription  paid  in,  from  the  date  of  payment,  711 

51.  Faith,  credit,  funds,  revenue,  and  corporate  property  of  the  city  pledged 

for  the  payment  of  the  loan,  and  for  the  payment  of  the  interest  accruing  upon  the 
same,  711 

52.  Mayor  authorized  to  borrow  $30,000  for  the  use  of  the  city,  at  an  interest 

of  five  per  cent,  to  be  paid  half  yearly,  on  the  first  days  of  January  and  July,  in 
each  year,  at  the  Bank  of  the  United  States,  in  Philadelphia,  793 

53.  Said  loan  to  be  redeemable  on  the  first  day  of  August,  1836;  and  upon  pay¬ 

ment  of  the  whole  amount,  a  certificate  therefor  to  be  issued,  under  the  seal  of  the 
corporation,  and  countersigned  by  the  city  treasurer,  and  made  transferable  in  the 
presence  of  the  city  treasurer,  at  his  office  in  Pittsburgh,  or  in  the  presence  of  the 
cashier  of  the  Bank  of  the  United  States,  at  Philadelphia,  793 

54.  Faith,  credit,  funds,  revenue  and  corporate  property  of  the  city  pledged 
for  the  repayment  of  the  said  loan,  and  for  the  accruing  interest  thereon,  793 

55.  Six  hundred  additional  shares,  of  $50  each,  of  stock  in  the  Pittsburgh  gas 

works,  authorized  to  be  created  and  disposed  of  by  the  city  treasurer,  in  like  con¬ 
formity  with  the  regulations  prescribed  by  the  ordinance  of  the  27th  April,  1835, 
and  the  several  supplements  thereto,  798 

56.  See  appendix  No.  II.  title  “City  Loans  and  Public  Debt,”  804 

LOCKS  FOR  WAGONS,  &c. 

The  patent  break  lock,  and  no  other,  to  be  used,  in  all  cases,  by  wagons  and 
other  wheeled  carriages,  in  passing  over  the  paved  streets  of  the  city,  under  a  pen¬ 
alty  of  ten  dollars  for  every  offence,  674-5 

LOCOMOTIVES  AND  CARS. 

1.  All  engineers  of  locomotives,  and  conductors  of  cars,  engaged  in  the  trans¬ 

portation  of  passengers,  or  of  goods,  wares,  or  merchandize  of  any  description,  lia¬ 
ble  to  indictment,  and  punishment,  by  fine  and  imprisonment,  at  the  discretion  of 
the  court,  for  gross  negligence,  or  wilful  misconduct,  whereby  passengers  or  other 
persons  may  be  injured,  788 

2.  Sec  act  of  assembly,  entitled  “an  act  for  the  prevention  of  injuries  to  indi¬ 

viduals,  by  the  gross  negligence  or  wilful  misconduct  of  stage  drivers  and  others,” 
passed  1st  of  April,  1836,  788 

MAIL  STAGES,  &c. 

1.  Drivers  of  all  mail  coaches,  public  stages,  coaches,  carriages  and  cars,  lia¬ 

ble  to  fine  and  imprisonment,  at  the  discretion  of  the  court,  for  gross  negligence  or 
wilful  misconduct,  whereby  passengers  or  other  persons  may  be  injured,  788 

2.  See  act  of  assembly  entitled  “an  act  for  the  prevention  of  injuries  to  indi¬ 

viduals,  by  the  gross  negligence  or  wilful  misconduct  of  stage  drivers  and  others,” 
passed  1st  of  April,  1836,  788 


INDEX. 


877 


MANUFACTURERS. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

MAPS  AND  PLANS. 

1.  When  Duquesne  Way  shall  be  laid  out,  two  plans  of  the  same  to  be  made 

by  the  city  regulator,  one  of  which  shall  be  filed  in  the  oflice  of  the  clerk  of  the 
court  of  quarter  sessions,  and  be  at  all  reasonable  times  open  to  the  examination  of 
persons  wishing  to  examine  the  same,  771 

2.  A  map  and  plan  of  the  new  city  district  to  be  made  out  by  the  surveyor 

thereof,  on  which  shall  be  located  and  marked  such  streets,  alleys  and  squares  as 
the  viewers  shall  judge  proper,  giving  to  the  same  such  arrangement  and  dimen¬ 
sions  as  shall,  in  their  judgments,  be  best  calculated  to  meet  the  wants  and  conve¬ 
nience  of  any  future  population,  774 

3.  A  correct  copy  of  the  map  or  plan  of  the  new  city  district,  with  such  ex^ 

planations  as  may  be  necessary  to  a  perfect  understanding  of  the  same,  to  be  re¬ 
turned  by  the  viewers  to  the  office  of  the  clerk  of  the  court  of  quarter  sessions  to 
be  filed  in  his  office  for  public  inspection  and  examination,  774*5 

4.  Court  of  quarter  sessions  authorized  to  hear  objections  to  the  said  map  or 

plan,  and  to  make  such  alterations  therein  as  they  shall  deem  necessary,  775 

5.  Plans  and  specifications  of  all  opening,  extension  and  widening  of  streets, 

lanes  or  alleys  within  the  city,  to  be  made  and  deposited  in  the  office  of  the  record¬ 
ing  regulator  of  the  city,  for  public  examination  and  inspection,  &c.  776 

MARKETS  AND  MARKET  HOUSES. 

1.  Mondays  and  Thursdays,  of  every  week,  fixed  as  the  regular  market  days, 

for  holding  markets,  at  the  market  house  in  Liberty  street,  661 

2.  Same  rules  and  regulations,  and  same  penalties,  enacted  for  the  Liberty 

street  market  house,  as  the  other  markets  within  the  city,  661 

3.  Declared  to  be  unlawful  for  any  butcher,  victualler,  or  other  person  to  sell 

meat,  vegetables,  &c.  at  any  other  place  than  the  Liberty  street  market  house  on 
the  said  days,  under  a  penalty  of  five  dollars,  661 

4.  Limits  of  the  Liberty  street  market  described,  661 

5.  Arrangement  as  to  market  carts,  wagons,  sleds,  &c.  coming  to  the  Liberty 

street  market  house,  661 

6.  Same  regulations  to  be  enforced  upon  persons  selling  from  their  wagons, 

carts,  &c.  at  the  Liberty  street  market  house,  as  are  imposed  on  such  persons  at  the 
Diamond  market  house,  661 

7.  Rent  of  the  stalls  in  the  Diamond  market  house  to  be  increased  after  the 

31st  December,  1833,  661 

8.  No  stall  to  be  rented  for  less  than  $30  per  annum,  661 

9.  Increase  of  the  rent  of  other  stalls,  to  be  fixed  at  the  rate  of  30,  35  and  40 

dollars  each,  per  annum,  661 

10.  Duty  of  the  clerk  of  the  markets,  in  renting  stalls;  and  a  minimum  rate  of 

rent  to  be  observed,  when  stalls  are  offered  by  him  for  rent  to  the  highest  bid¬ 
der,  661 

11.  Persons  attending  market  not  to  obstruct  the  footways  in  front  of  the 

court  house  with  boxes,  barrels,  tables,  benches,  bags,  &c.  under  a  penalty  of  two 
dollars  for  each  and  every  such  offence,  661 

12.  Constables  attending  the  market  to  cause  all  such  obstructions  to  be  forth¬ 
with  removed,  661 

13.  Duty  of  the  constables  attending  upon  the  markets,  to  cause  all  obstruc¬ 

tions  on  the  pavement  or  footways,  in  front  of  the  court  house  and  public  offices  in 
the  Diamond,  to  be  forthwith  removed,  662 

14.  Ten  days  notice  to  be  given  by  the  clerk  of  the  market,  in  four  or  more  of 

thfc  newspapers  printed  in  the  city,  annually’,  before  the  1st  of  January,  of  the  time 
and  place,  when  he  will  proceed  to  rent  the  stalls  of  the  Diamond  market  house  to 
the  highest  bidder,  662 

15.  Rent  of  the  weigh  house  at  the  market  house,  for  the  year  1835,  fixed  at  $50 

and  all  previous  ordinances  as  to  the  rent  of  the  weigh  house  altered  and  repeal¬ 
ed,  684 


878 


INDEX. 


16.  Duty  of  the  street  commissioner  to  cause  to  be  torn  down  and  carried  a- 

way,  the  market  house  now  being  in  Liberty  street,  between  St.  Clair  street  and 
Cecil’s  alley,  689 

17.  Street  commissioner  authorized  and  directed  to  sell  the  materials  of  the 
Liberty  street  market  house,  for  the  best  price  that  can  be  obtained  for  the  same,  689 

18.  Proceeds  of  the  sale,  after  deducting  the  expenses  of  tearing  down  and  re¬ 

moving  the  said  market  house,  to  be  paid  by  the  street  commissioner  into  the  city 
treasury,  689 

19.  Duty  of  t  he  city  treasurer,  after  receiving  the  proceeds  of  such  sale,  to  dis¬ 

tribute  the  amount  thereof  among  the  stockholders,  or  subscribers  to  the  erection  of 
the  said  market  house,  in  a  pro  rata  proportion  to  the  amount  by  them  severally 
subscribed  for  the  building  of  said  market  house,  689-90 

20.  Not  to  be  lawful,  after -the  first  of  July,  1835,  for  any  person  or  persons 

whatever,  to  expose  for  sale  any  carriage  or  carriages,  horses,  cattle,  or  animals  of 
any  description,  in  or  upon  any  of  the  public  squares,  streets,  lanes  or  alleys,  in  the 
city,  under  the  penalty  of  ten  dollars,  to  be  recovered  on  conviction,  before  the 
mayor  or  any  of  the  aldermen  of  the  city,  690 

2L  Ordinance  of  the  29th  of  May,  1824,  Chap.  84,  ante ,  p.  171-72,  in  part  re¬ 
pealed,  so  far  as  respects  a  stand  for  the  sale  of  carriages,  horses,  cattle,  &c.  690 

22.  Chains  to  be  extended,  at  a  proper  height,  from  the  corner  of  the  South 

wing  of  the  market  house  to  the  corner  now  occupied  by  the  Dispensary;  and  also 
from  the  corner  of  the  North  wing  to  the  East  corner  of  the  Diamond  and  Market 
street,  and  across  Diamond  and  Market  alleys,  at  their  entrance  into  the  Dia¬ 
mond,  701-2 

23.  To  be  kept  up,  on  market  days,  from  six  to  ten  o’clock,  A.  M.  and  a  fine 

of  $5  imposed  on  persons  driving  or  leading  any  horse  or  other  animal  within  the 
space  so  enclosed,  702 

24.  Mayor  authorized  to  grant  licenses  to  persons  following  the  business  of 

selling  country  produce  at  second  hand,  to  have  portable  stands  placed  within  the 
market  space  in  the  Diamond  market  house,  at  such  place  or  places  as  may  from 
time  to  time  be  directed  by  the  officer  of  the  market,  for  the  purpose  of  exposing  to 
sale  such  articles  of  country  produce,  as  they  may  have  purchased  without  the  lim¬ 
its  of  the  city,  725 

25.  Each  and  every  person  wishing  to  be  licensed,  for  the  purposes  afore¬ 

said,  to  pay  to  the  mayor,  for  the  use  of  the  city,  the  sum  of  $10  per  year;  and  oc¬ 
casional  visiters  the  sum  of  37s§  cents  per  day,  to  be  paid  to  the  clerk  of  the  mar¬ 
kets,  for  the  use  of  the  city,  725 

26.  Full  power  vested  in  the  mayor  and  aldermen  of  the  city,  in  cases  of  con¬ 
viction,  under  any  of  the  city  ordinanceswhich  impose  a  fixed  penalty,  to  fine  from 
one  dollar  up  to  the  sum  or  sums  so  fixed,  as  the  equity  of  the  case  may  require,  725 

27.  The  rents  of  stalls  in  the  Diamond  market  house  to  be  increased,  after  the 

expiration  of  the  year  1836;  the  rents  to  be  paid  in  advance,  as  heretofore;  but  pre¬ 
sent  occupants  to  have  a  preference  in  the  renting  of  said  stalls,  792 

MARRIED  WOMEN. 

1.  Every  married  woman  shall  be  deemed,  during  coverture,  and  after  the 

death  of  her  husband,  to  be  legally  settled  in  the  place  where  he  was  last  settled; 
but  if  he  shall  have  no  known  settlement,  then  he  shall  be  deemed,  whether  he  be 
living  or  dead,  to  be  settled  in  the  place  where  she  was  last  settled,  before  her  mar¬ 
riage,  #  780 

2.  In  case  of  desertion,  by  husband  or  wife,  warrants  of  apprehension  may  be 
issued  by  any  alderman  or  justice;  and  if  the  party  is  apprehended,  be  bound  over, 
with  security,  for  their  appearance  at  the  next  court  of  quarter  sessions,  783-4 

MARKS  AND  BRANDS. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

MAYOR. 

1.  To  draw  his  warrants  on  the  city  treasurer,  for  all  expenses  certified  to  him 


INDEX. 


879 


by  the  sanitary  board,  payable  out  of  any  moneys  not  otherwise  appropriated,  659 

2.  To  draw  his  warrants  on  the  city  treasury,  for  the  amount  of  all  accounts 
sanctioned  by  the  sanitary  board,  payable  out  of  the  fund  provided  by  ordinance  for 
that  purpose,  660 

,3.  To  be  one  of  the  permanent  members  of  the  sanitary  board,  660 

4.  To  appoint  not  more  than  five  fire  wardens  from  each  fire  company,  such 
persons  as  may  be  recommended  to  him  by  the  “Firemen’s  Association  oi  Pitts¬ 
burgh,”  to  act  under  the  direction  of  the  chief  engineers  of  the  association,  671 

5.  Authorized  to  remove  any  of  the  fire  wardens,  at  his  discretion,  and  to  ap* 

point  others  in  their  places,  and  to  fill  vacancies  as  they  occur,  671 

6.  May  grant  permits,  in  writing,  to  persons,  authorizing  them  to  cleanse  foul 

and  offensive  vaults  and  privies,  between  the  first  days  of  May  and  November,  it 
he  deem  the  same  advisable,  673 

7.  His  duty  to  cause  all  nuisances,  arising  from  foul  and  offensive  vaults  and 

privies  to  be  forthwith  abated,  either  underhis  own  directions  or  those  of  the  street 
commissioner,  673 

8.  Not  to  borrow  more  than  $6000,  under  the  ordinance  Of  the  27th  of  Noveim 

ber,  1833,  authorizing  him  to  borrow  $  15000,  for  the  use  of  the  city,  675 

9.  Trustees  of  the  Pittsburgh  gas  works  to  declare  a  dividend  of  the  profits 

rising  from  the  sale  and  manufacture  of  gas,  semiannually,  on  the  first  days  of 
February  and  August,  after  deducting  the  rent  of  the  gas  works  lot,  the  expense  of 
manufacturing  the  gas,  the  cost  of  repairs  to  the  works,  and  the  incidental  charges 
of  the  establishment,  and  to  issue  a  requisition  on  the  mayor  for  the  payment  of 
the  said  dividends  to  the  holders  of  certificates,  688 

10.  Mayor  authorized  to  draw  warrants,  which  shall  be  charged  to  the  Pitts 

burgh  gas  works,  for  such  sums,  and  at  such  times  as  may  be  required  by  the  trus¬ 
tees,  689 

11.  Required  to  draw  his  warrants  upon  the  city  treasurer,  in  favor  of  the  trea¬ 

surers  of  the  several  fire  engine  and  hose  companies  of  the  city,  for  the  several  sums 
appropriated  for  their  relief,  by  the  ordinance  of  the  26th  May,  1825,  Chap.  202, 
ante ,  p.  691-93,  692-2 

12.  Mayor  directed  to  draw  his  warrants  on  the  city  treasurer,  in  favor  of  the 

treasurers  of  the  different  fire  engine  and  hose  companies  of  the  city,  for  the  seve¬ 
ral  sums  certified  to  him  by  thejoint  committee  of  councils  on  fire  companies,  parts 
of  the  annual  appropriation  of  $1100,  payable  on  the  1st  of  October,  in  each 
year,  693 

13.  Councils,  whenever  they  deem  it  necessary,  may  confer  upon  the  mayor, 

the  jurisdiction,  power  and  authority  to  recover  summarily,  or  by  penal  action,  as 
the  case  may  be,  any  fines  or  forfeitures  inflicted  for  the  violation  of  any  ordi¬ 
nances  which  have  been,  or  may  hereafter  be  enacted,  by  the  councils,  for  the  gov¬ 
ernment  of  the  city;  provided  such  fines  or  forfeitures  do  not  exceed  $100,  697 

14.  Mayor  and  aldermen  authorized  to  recover,  either  summarily  by  convic¬ 

tion  or  penal  action,  any  fine  or  fines,  forfeiture  or  forfeitures,  imposed  for  the  vio¬ 
lation  of  any  of  the  provisions  of  any  of  the  city  ordinances,  &c.  700 

15.  Mayor  and  aldermen,  authorized  to  collect,  either  by  summary  conviction, 

or  action  of  debt,  the  fine  of  five  dollars  imposed  on  all  persons  for  riding,  driving 
or  leading,  any  horse  or  other  animal,  within  the  space  enclosed  by  chains,  at  the 
Diamond  market  house,  on  market  days,  &c.  702 

16.  Mayor  of  the  city  to  be  elected  by  the  citizens,  annually,  on  the  second 

Tuesday  of  January,  703 

17.  To  have  the  same  qualifications  as  a  member  of  the  house  of  representa¬ 
tives  of  this  commonwealth,  703 

18.  His  duty  to  promulgate  the  by-laws,  rules  and  ordinances  of  the  corpora¬ 
tion,  and  specially  to  attend  to  the  due  fulfilment  and  execution  of  the  same,  703 

19.  To  receive  such  emoluments  as  may,  from  time  to  time,  be  annexed  or  at¬ 
tached  to  the  office,  ”  703 

20.  To  take  an  oath,  before  the  president  or  an  associate  judge  of  the  court  of 
common  pleas  of  Allegheny  county,  or  the  recorder  of  the  city,  for  the  time  being, 
well  and  faithfully  to  execute  the  office  of  mayor  of  the  city  of  Pittsburgh,  703 

21.  To  continue  in  office  until  a  successor  shall  be  duly  elected  and  quali¬ 
fied,  703 

22.  In  case  of  the  death,  resignation  or  removal  of  the  mayor,  or  other  vacan- 


880 


INDEX. 


cy  in  the  office,  such  vacancy  to  be  filled  by  a  new  election,  for  the  remainder  of 
his  term  of  office,  by  the  city  councils,  within  fifteen  days  thereafter;  and  at  least 
ten  days  notice  shall  be  given,  in  the  public  newspapers,  of  the  times  and  places  for 
holding  the  same,  703 

23  No  member,  for  the  time  being,  of  the  select  or  common  council,  to  be 
eligible  to  the  office  of  mayor,  703 

24.  Persons  convicted  before  the  mayor,  or  any  of  the  aldermen,  may  appeal 

therefrom  to  the  next  term  of  the  mayor’s  court, within  ten  days  after  such  convic¬ 
tion,  697-700 

25.  Mayor  to  be  elected  by  the  citizens,  on  the  second  Tuesday  of  January, 

annually,  from  among  the  inhabitants  of  the  city,  qualified  to  be  elected  members 
of  the  house  of  representatives  of  Pennsylvania,  or  from  among  the  board  of  aider- 
men,  703 


26.  Duty  of  the  mayor  to  promulgate  the  by  laws,  rules  and  ordinances  of  the 

corporation,  and  specially  to  attend  to  the  due  execution  and  fulfilment  of  the 
same,  703 

27.  Mayor  to  hold  and  enjoy  all  the  emoluments  which,  by  the  laws  and  ordi¬ 

nances  of  the  corporation,  may  now’,  or  hereafter,  be  annexed  or  attached  to  the 
office  of  mayor,  703 

28.  Mayor  elect,  to  take  a  solemn  oath  or  affirmation,  before  the  president  of 

the  court  of  common  pleas  of  Allegheny  county,  or  the  recorder  of  the  said  city, 
for  the  time  being,  well  and  faithfully  to  execute  the  office  of  mayor  of  the  said 
city,  703 

29.  When  duly  qualified,  to  enter  upon,  and  perform  the  duties  of  the  said  office, 

without  any  other  or  further  commission;  and  to  continue  in  office  until  a  successor 
shall  be  duly  elected  and  qualified,  703 

30.  In  case  of  the  death,  resignation,  or  removal  of  the  mayor,  or  other  vacan¬ 

cy  in  the  said  office,  such  vacancy  to  be  filled  by  the  councils,  within  15  days  there¬ 
after,  703 

31.  Ten  days  notice,  at  least,  to  be  given  in  the  public  newspapers  of  the  city, 

of  the  time  of  holding  any  special  election  for  mayor,  to  fill  vacancies,  703 

32.  No  member  of  the  councils,  for  the  time  being,  to  be  eligible  to  the  office 

of  mayor,  703 

33.  Mayor,  recorder,  and  city  solicitor,  to  approve  of  the  bond  and  sureties  of 

the  city  treasurer,  in  the  sum  of  $ 20,000,  conditioned  for  the  faithful  performance 
of  the  duties  of  his  office,  706 

34.  Mayor  authorized,  on  certain  conditions,  to  borrow  the  sum  of  $30,000 

for  the  use  of  the  corporation,  707-8 

35.  To  give  notice  that  he  will  receive  proposals  for  said  loan,  in  whole,  or  in 

part,  in  sums  not  less  than  $100,  until  the  1st  June,  1836,  708 

36.  Notice  to  be  given  by  publication  in  two  newspapers  of  the  city,  and  two 

of  the  daily  newspapers  in  Philadelphia,  until  the  1st  of  May,  1836,  707-8 

37.  Mayor  to  open  the  proposals  received,  on  the  1st  of  June,  1836,  in  presence 

of  the  treasurer,  and  a  majority  of  the  committee  of  finance,  and  determine  what 
proposals  shall  be  accepted,  &c.  708 

38.  Authorized  to  draw  his  warrants  on  the  city  treasurer  for  the  sum  of  $1000, 
to  pay  the  purchase  money  of  a  lot  of  ground,  corner  of  Seventh  street  and  Milt- 
enberger’s  alley,  for  the  use  of  the  Neptune  fire  engine  and  hose  companies,  707 

39.  To  sign  the  certificates  of  stock  issued  for  the  said  loan,  after  giving  notice 

to  the  persons  wrhose  proposals  are  accepted,  708 

40.  The  salary  of  the  mayor  fixed  at  eight  hundred  dollars  per  annum,  paya¬ 

ble  quarterly,  by  warrants  to  be  drawn  by  the  mayor,  in  his  favor,  on  the  city  trea¬ 
surer,  709 

41.  Mayor  authorized  to  subscribe,  in  the  name  of  the  mayor,  aldermen  and 

citizens  of  Pittsburgh,  for  400  additional  shares  in  the  stock  of  the  Pittsburgh  gas 
works,  to  be  subject  to  the  same  privileges  and  conditions  wThich  are  already  con¬ 
ferred  on  and  enjoined  upon  the  original  stockholders,  710-11 

42.  Captain  and  lieutenants  of  the  watch  to  report  to  the  mayor  any  negli¬ 

gence  or  wrant  of  fidelity,  that  may  have  been  observed  in  any  of  the  watchmen,  in 
order’that  they  may  be  forthwith  fined,  or  be  stricken  from  the  roll,  &c.  712 

43.  Duty  of  the  watchmen,  on  the  morning  of  each  day  to  carry  any  prisoners 


IJNDEX. 


881 


confined  in  the  Watch  house  to  the  mayor’s  office,  to  be  there  dealt  with  according 
to  law,  713 

44.  Mayor  and  joint  committee  of  councils  to  consult  together,  whenever  ne¬ 

cessary,  respecting  the  watch,  and  in  conjunction  to  select  a  suitable  place  for  a 
public  watch  house;  to  devise  and  establish  suitable  rules  and  regulations  for  the  gov¬ 
ernment  of  the  watch;  to  divide  the  city  into  districts,  and  to  prescribe  the  manner 
in  which  the  duties  of  the  watchmen  shall  be  performed,  713 

45.  Mayor,  in  the  absence  or  inability  of  the  joint  committee  of  councils  to  at¬ 

tend,  to  have  full  authority  to  alter,  amend  and  add  to  the  existing  rules  for  the 
management  of  the  watch,  &c.  713 

46.  Mayor  and  joint  committee  of  councils  to  appoint  the  officers  and  watch¬ 

men,  subject  to  removal  by  them;  and  the  mayor  to  approve  of  the  bonds  given  by 
the  officers  and  watchmen,  conditioned  for  the  faithful  performance  of  their  seve¬ 
ral  duties,  714 

47.  Penalties  imposed  on  the  officers  and  watchmen,  to  be  recovered  by  the 

mayor,  &c.  as  debts  of  like  amount  are  recoverable,  714 

48.  Mayor  to  divide  and  distribute  all  the  fees  regularly  received  by  the  watch, 

among  the  several  watchmen  who  shall  distinguish  themselves  by  their  good  con¬ 
duct,  714 

49.  Mayor  and  joint  committee  of  councils  authorized  to  increase  the  number 

of  watchmen,  in  cases  of  emergency,  &c.  714 

50.  Disorderly  persons,  &c.  brought  before  the  mayor  by  the  watch,  on  con¬ 

viction,  liable  to  imprisonment,  for  any  term  not  exceeding  ten  days,  or  be  subject 
to  a  penalty  of  from  two  to  ten  dollars,  at  the  discretion  of  the  mayor,  714 

51.  Mayor  authorized  to  draw  his  warrants  on  thO  city  treasurer,  monthly,  for 

any  moneys  due  on  account  of  the  watch,  on  the  order  of  the  captain,  endorsed 
by  a  majority  of  the  joint  committee  of  councils,  714 

52.  Mayor  of  the  city  authorized  to  exercise  all  the  powers  which  were  exer¬ 

cised  by  that  officer,  prior  to  the  passage  of  the  act  of  26th  December,  1833,  ex¬ 
cept  such  powers  as  are.exercised  by  aldermen  in  civil  cases,  718 

53.  Full  power  vested  in  the  mayor  and  aldermen  of  the  city,  in  cases  of  con¬ 
viction,  under  any  of  the  city  ordinances  which  impose  a  fixed  penalty,  to  fine  from 
one  dollar  up  to  the  sum  or  sums  so  fixed,  as  the  equity  of  the  case  may  require,  725 

54.  Mayor  authorized  to  grant,  licenses  to  persons  following  the  business  of 

selling  country  produce  at  second  hand,  to  use  portable  stalls  in  the  Diamond  mar¬ 
ket  house,  for  exposing  to  sale  country  produce  purchased  by  them  without  the  lim¬ 
its  of  the  city,  725 

55.  Mayor  to  receive  $10  per  year  for  the  use  of  the  city,  for  the  rent  of  each 

of  such  portable  stalls,  725 

MAYOR’S  COURT. 

1.  Persons  summarily  convicted,  or  against  whom  judgment  may  be  rendered, 

in  any  penal  action  of  debt,  at  the  suit  of  the  mayor,  aldermen  and  citizens  of  Pitts¬ 
burgh,  before  the  mayor,  or  any  of  the  aldermen,  may  appeal  from  such  conviction 
or  judgment,  within  ten  days  thereafter,  to  the  next  mayor’s  court,  on  entering  se¬ 
curity,  approved  of  by  the  mayor  or  aldermen,  before  whom  the  said  proceedings 
are  had,  697 

2.  All  indictments  now  pending,  or  hereafter  to  be  preferred,  in  the  mayor’s 

court  of  the  city  of  Pittsburgh,  wherein  the  city  of  Pittsburgh  is  directly  or  indi¬ 
rectly  interested,  although  the  city  of  Pittsburgh  may  not,  by  ils  corporate  name,  be 
a  party  to  the  record,  shall  be  tried  in  the  district  court  of  Allegheny  county,  be¬ 
fore  a  jury,  from  which  all  persons  resident,  or  owning  real  property  in  the  said  city, 
shall  be  excluded,  777 

MEAL  AND  FLOUR. 

See  Title  “Inspfection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements'there- 
to,  736-70 

MEASURERS  OF  BOARDS  AND  LUMBER. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 

133 


882 


INDEX. 


relating  to  inspections/’  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-79 

MEASURES  OF  LENGTH. 

The  positive  standard  of  all  measures  of  length,  fixed  and  determined  by  act 
of  assembly,  720-21 

MEDICAL  AID. 

Medical  aid  to  be  provided  by  the  sanitary  board,  for  all  sick  persons,  affected 
with  cholera,  or  any  other  epidemic  disease,  within  the  city,  659 

MEETINGS  FOR  SCHOOL  PURPOSES. 

1.  See  “Education  and  Common  Schools,”  and  appendix  No.  Ill,  808 

2.  Act  of  assembly,  commonly  called  the  general  school  law,  entitled  “an  act 

to  consolidate  and  amend  the  several  acts  relating  to  a  general  system  of  education 
by  common  schools,”  passed  13th  June,  1836,  726-35 

MERCHANTABLE  PRODUCE. 

See  Title,  “  Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an 
act  relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements 
thereto,  736-70 

MIDDLINGS  AND  MIXED  FLOUR. 

See  Title  “  Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there- 
to,  736-70 


MILLERS  AND  DISTILLERS. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

MINT  OF  THE  UNITED  STATES. 

1.  Troy  pound  of  Pennsylvania  to  be  the  same  as  the  troy  pound  at  the  mint 

of  the  United  States,  in  the  proportion  of  7,000  to  5,760,  720 

2.  The  brass  troy  pound  weight,  procured  at  London,  in  1827,  and  now  in  the 

mint  of  the  United  States,  to  be  thestandard  troy  pound  of  the  mint,  conformably 
to  which  the  coinage  thereof  shall  be  regulated,  723 

3  Duty  of  the  director  of  the  mint  of  the  United  States  to  procure  and  safely 
keep,  a  series  of  standard  weights,  corresponding  with  the  said  brass  troy  pound, 
consisting  of  a  pound  weight,  and  the  requisite  subdivisions  and  multiples  thereof, 
from  the  hundrelh  part  of  a  grain  to  25  pounds,  723 

4.  The  troy  weights  ordinarily  employed  in  the  transactions  of  the  mint,  to  be 
regulated  according  to  the  foregoing  standards,  at  least  once  a  year,  under  the  in¬ 
spection  of  the  director,  and  their  accuracy  tested  annually,  in  the  presence  of  the 
assay  commissioners,  on  the  day  of  the  annual  assay,  724 

MINUTES  OF  THE  SANITARY  BOARD. 

1.  Sanitary  board  to  meet  three  times  a  week;  five  members  to  be  a  quorum; 

and  to  keep  regular  minutes  of  their  proceedings,  660 

2.  A  faithful  account  of  all  contracts  and  expenditures  to  be  kept,  and  entered 

on  the  minutes,  when  approved  by  the  board,  660 

MISTAKES  AND  ERRORS. 

See  Title  “  Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  u  an 
act  relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements 
thereto,  736-70 

MONONGAHELA  BRIDGE. 

The  privilege  of  depositing  building  materials,  &c.  at  or  near  the  public  land¬ 
ings,  near  the  Monongahela  bridge,  entirely  repealed,  701 


INDEX. 


883 


MONONGAHELA  RIVER. 

The  junction  of  the  Monongahela  and  Allegheny  rivers,  at  the  public  float, 
'designated  as  a  place  of  deposit  for  filth,  &c.  and  no  deposit  thereof  to  be  made  at 
any  other  place,  within  the  city,  under  the  penalty  of  ten  dollars  for  each  and  eve¬ 
ry  offence,  663 

MONONGAHELA  WHARF. 

1.  Joint  committee  of  the  city  councils  on  wharves  and  landings,  authorized  and 
required  to  grade  Water  street  and  the  Monongahela  wharf,  from  Grant  street  to 
the  Point,  agreeably  to  a  diagram  filed  in  the  office  of  the  recording  regulator,  724 

2.  Water  street  to  be  laid  off,  so  as  to  be  thirty-five  feet  wide  from  the  curb  to 

the  line  of  the  wharf;  the  wharf  to  extend  from  the  lino  of  the  street  227  feet  to  low 
water  line,  at  a  regular  descending  grade  from  the  line  of  the  street,  724 

3.  This  distance,  from  the  line  of  Water  street,  to  be  preserved  from  Grant 

street  to  West  street,  from  West  street  to  the  Point;  the  waterline  to  be  preserved, 
terminating  at  the  Point,  128  feet  from  the  line  of  Water  street,  as  laid  down  in  the 
said  diagram,  724 

4.  A  curb  of  wood  or  stone  to  be  placed  at  the  termination  of  the  grade  of  the 

wharf,  at  the  water  line,  to  correspond  with  the  pavement;  the  said  curb  to  be  sup¬ 
ported  by  a  rough  battered  stone  wall,  724 

5.  Sixty  feet  from  the  curb  of  the  wharf,  a  row  of  fastenings  to  be  placed  a- 

long  the  wharf,  40  feet  apart,  50  feet  above  which  another  row  of  fastenings,  the 
same  distance  apart;  and5U  feet  above  the  second  row,  a  third  row  of  fastenings  to 
be  fixed,  at  the  same  distance  apart,  as  arranged  on  the  said  diagram,  724 

6.  A  curb  of  wood  or  stone  to  be  placed  at  the  termination  of  the  grade  of  the 

wharf,  at  the  water  line,  to  correspond  with  the  pavement;  the  said  curb  to  be  sup¬ 
ported  by  a  rough  battered  stone  wall,  724 

7.  The  fastenings  to  be,  either  of  locust,  not  less  than  seven  feet  long,  with  a 

ring  and  links,  similar  to  those  now  in  use,  or  a  chain  securely  fastened  round  a 
stone  not  less  than  three  feet  long  and  one  foot  in  diameter,  to  be  placed  not  less 
than  five  feet  below  the  surface  of  the  ground,  724 

NEGROES  AND  MULATTOES. 

1.  Penalty  on  any  person  bringing  a  pauper  from  any  place  out  of  this  com¬ 
monwealth,  783 

2.  Every  person  bringing  any  black  ormulatto  servant  into  this  State,  to  be  lia¬ 
ble  for  his  support,  &c.  783 

3.  Owners  of  negro  slaves  to  be  at  all  times  liable  for  their  support  and  main¬ 
tenance,  783 

NEPTUNE  FIRE  AND  HOSE  COMPANIES. 

Committee  on  fire  companies  authorized  to  purchase  from  the  Methodist  Epis¬ 
copal  church,  a  lot  of  ground,  corner  of  Seventh  street  and  Miltenberger’s  alley,  for 
the  use  of  the  Neptune  fire  engine  and  hose  companies,  707 

NEW  CITY  DISTRICTS. 

A  tract  of  land,  adjoining  to,  and  bounded  in  part  by  the  eastern  bounds  of  the 
city,  to  beset  off,  defined  by  limits,  and  surveyed,  according  to  the  act  of  assembly 
passed  on  the  16th  June,  1836,  and  to  be  considered  thereafter  as  a  new  district,  and 
made  part  of  the  city,  on  certain  conditions  specified  in  said  act,  773-77 

NEW  STREETS. 

City  councils  authorized  and  empowered  to  open  any  new  streets  within  the 
city,  or  to  open,  widen  and  extend  any  of  the  present  streets,  lanes  or  alleys  of  the 
city,  as  already  laid  out,  and  to  determine  the  location  and  limits  of  the  same,  ac¬ 
cording  to  the  provisions  of  the  act  of  assembly  of  the  16th  of  June,  1836,  776 

NEWSPAPERS. 

1.  Public  notice  to  be  given  in  at  least  four  of  the  newspapers  of  the  city,  by 
the  clerk  of  the  market,  of  time  and  place,  annually,  when  he  will  proceed  to  rent 
the  stalls  of  the  Diamond  market  house  to  the  highest  bidder,  66? 


884 


INDEX. 


2.  Notice  to  be  given  by  the  street  commissioner,  by  at  least  one  publication,  in 

all  the  newspapers  of  the  city,  that  a  public  float  has  been  erected  at  the  junction  of 
the  Allegheny  and  Monongahela  rivers,  for  the  deposit  of  filth,  &c.  663 

3.  Proposals  for  city  loan  of  $75,000,  to  be  published  in  the  newspapers  of  the 

city,  and  in  two  of  the  newspapers  of  the  city  of  Philadelphia,  prior  to  the  1st  of 
April,  1835,  676 

4.  Mayor  authorized  to  receive  proposals,  until  the  1st  of  March,  1835,  from 

the  several  newspaper  printers  of  the  city,  for  publishing  in  their  papers  all  public 
advertisements,  city  accounts,  proclamations,  &c.  678 

5  Mayor  authorized  to  appoint  the  two  lowest  and  best  bidders,  to  do  such 
printing,  who  shall  be  the  only  authorized  printers  and  publishers  for  the  city,  678 

6.  Notice  to  be  published  weekly  in  the  newspapers  of  Pittsburgh,  and  for 

three  weeks  in  two  of  the  daily  newspapers  of  Philadelphia,  for  proposals  for  an 
additional  loan  of  $5,000,  679 

7.  Public  notice  to  be  given  by  the  city  treasurer,  in  the  daily  newspapers  of 
the  city,  of  the  time  and  place  appointed,  for  the  sale  of  the  585  remaining  shares 
of  stock  in  the  Pittsburgh  gas  works;  said  sale  to  be  at  the  city  treasurer’s  office,  on 
Fourth  street,  on  the  8th  of  June,  1835,  and  to  continue  from  day  to  day,  contin¬ 
uously,  until  the  whole  585  shares  of  stock  shall  have  been  sold  and  disposed  of,  695 

8.  At  least  ten  days  notice  to  be  given  in  the  public  newspapers  of  the  city,  of 
the  time  of  the  election  of  mayor,  to  supply  any  vacancy  occurring  in  that  office,  703 

9.  Public  notice  to  be  given  by  advertisement  in  two  of  the  city  newspapers, 

and  in  two  of  the  daily  newspapers  of  Philadelphia,  that  the  mayor  will  receive 
sealed  proposals  until  1st  June,  1836,  for  a  loan  of  $30,000  to  the  city,  at  five  per 
cent,  interest,  708 

10.  General  school  law  to  be  publshed,  in  one,  and  not  more  than  three  news¬ 
papers,  for  three  successive  weeks,  at.  the  expense  of  the  county,  735 

11.  Annual  statement  of  the  appropriation  of  the  common  school  fund,  to  be 

published  in  like  manner  by  the  commissioners,  731 

12.  City  councils  to  cause  public  notice  to  be  given,  in  two  newspapers  pub¬ 

lished  in  the  city,  for  at  least  two  weeks  previous  to  a  regular  meeting  of  the  court 
of  quarter  sessions  of  Allegheny  county,  of  the  location  and  intended  opening  of 
Duquesne  Way,  and  of  the  places  where  plans  thereof  are  deposited  for  public  in¬ 
spection,  7^1 

13.  Public  notice  to  be  published  in  at  least  two  of  the  city  newspapers,  of  the 

day  certain,  to  be  appointed  by  the  court  of  quarter  sessions,  on  which  they  will 
proceed  to  hear  any  objections  which  may  be  made  to  the  report,  plans,  maps,  <fec. 
reported  by  the  viewers  or  commissioners  of  the  new  city  district,  made  by  any  of 
the  freeholders  owning  property  in  the  said  district,  who  consider  themselves  ag¬ 
grieved,  &c.  775 

14.  Notice  to  be  given  in  at  least  two  of  the  city  newspapers  of  the  filing  in  the 

office  of  the  recording  regulator  of  the  city,  of  the  plans  and  specifications  made, 
in  consequence  of  the  opening,  widening  or  extending  of  any  of  the  streets,  lanes, 
or  alleys  of  the  city,  under  the  act  of  assembly  of  the  16th  of  June,  1836,  776 

15.  Public  notice  in  the  newspapers  of  each  county,  to  be  given,  that  no  State 

tax  for  school  purposes  will  be  collected  for  the  year  1836  See  the  joint  resolution 
of  the  legislature,  “relative  to  the  collection  of  the  State  tax,”  passed  10th  March, 
1836,  789 

NORTH  WARD. 

1.  All  general  and  city  elections,  within  the  bounds  of  the  North  ward  of  the 

city,  to  be  held  at  the  house  of  Thomas  Wynne,  corner  of  Liberty  and  St.  Clair 
streets,  664 

2.  The  boundaries  of  the  North  Ward  hereafter  to  be  as  follows: — So  much  of 

the  city  as  lies  northwardly  of  the  middle  of  Liberty  street,  and  eastwardly  of  the 
middle  of  Marbury  street,  666-67 

3.  So  much  of  the  city  as  lies  northwardly  of  the  middle  of  Liberty  street,  and 

eastwardly  of  the  middle  of  Marbury  street,  to  constitute  the  boundaries  of  the 
North  Ward,  704 

4.  The  general  and  city  elections  for  the  North  ward  of  the  city,  to  be  held  at 

the  Washington  coffee-house,  corner  of  Penn  and  St.  Clair  streets,  705 


INDEX. 


'885 


NORTHERN  LIBERTIES  BOROUGH. 

Inspector  of  salt,  &c.  to  be  appointed  for  said  borough,  by  the  town  coun¬ 
cil,  &c.  See  Title,  ‘‘Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an 
act  relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

NOTARIES  PUBLIC. 

1.  Governor  authorized  to  appoint  four  additional  notaries  public,  in  Alleghe¬ 

ny  county,  one  of  whom  to  reside  in  Allegheny  town,  and  one  in  the  borough  of 
the  Northern  Liberties  of  Pittsburgh,  to  hold  their  offices  only  during  the  contin¬ 
uance  of  theirresidence  in  said  boroughs  respectively,  790 

2.  See  appendix,  “List  of  City  Officers,”  802 

NOTICE. 

1.  Notice  to  be  given  by  the  street  commissioner,  by  at  least  one  publication  in 

all  the  newspapers  of  the  city,  that  a  public  float  has  been  erected  at  the  junction 
of  the  Allegheny  and  Monongahela  rivers,  for  the  deposit  of  filth,  &c.  663 

2.  Ten  days  previous  public  notice  to  be  given  by  the  clerk  of  the  market,  in 

four  or  more  of  the  newspapers  of  the  cily,  of  the  time  and  place,  annually,  before 
the  1st  of  January,  when  and  where  he  will  proceed  to  rent  the  stalls  of  the  Dia¬ 
mond  market  house  to  the  highest  bidders,  662 

3.  Notice  to  be  published  in  the  newspapers  of  the  city,  and  in  two  of  the 
newspapers  of  the  city  of  Philadelphia,  that  proposals  will  be  received  by  the  may¬ 
or,  until  the  1st  of  April,  1835,  for  a  loan  of  $75,000,  for  the  use  of  the  city,  676 

4.  Notice  to  be  forthwith  given  by  the  mayor,  to  persons  whose  proposals  have 

been  accepted  for  the  said  loan,  676 

5.  Notice  to  be  given  by  publication  weekly,  in  the  newspapers  of  Pittsburgh, 

and  for  three  weeks  in  two  of  the  daily  newspapers  of  Philadelphia,  for  proposals 
for  an  additional  loan  of  $5,000,  679 

6.  Public  notice  to  be  given  by  the  treasurer,  in  the  daily  newspapers  of  the 

city,  of  the  time  and  place  appointed,  for  the  sale  of  the  585  remaining  shares  of 
stock  in  the  Pittsburgh  gas  works;  said  sale  tobe  held  at  the  treasurer’s  office,  in  Fourth 
street,  on  the  8th  of  June,  1835,  and  to  continue  from  day  to  day,  continuously, 
Sundays  excepted,  until  the  whole  585  shares  shall  have  been  sold  and  disposed 
of,  ...  695 

7.  Sixty  days  previous  notice  to  be  given  to  the  individuals  against  whom  dam¬ 

ages  may  be  assessed  and  apportioned,  for  the  opening  and  extension  of  certain 
streets  and  highways,  under  the  act  of  16th  April,  1835,  before  writs  of  scire  Jacias 
are  issued,  to  compel  payment,  &c.  699 

8.  At  least  ten  days  notice  to  be  given  in  the  public  newspapers  of  the  city,  of 
time  of  the  election  of  mayor,  to  supply  any  vacancy  occurring  in  that  office,  703 

9.  Notice  to  be  given  by  advertisement  in  two  of  the  city  newspapers,  and  in 

two  of  the  daily  newspapers  of  Philadelphia,  that  the  mayor  will  receive  sealed 
proposals  for  a  loan  of  $30,000  to  the  city,  until  1st  June,  1836,  707-8 

10.  Notice  to  be  given  by  the  mayor,  to  the  persons  whose  proposals  are  ac¬ 

cepted,  for  the  whole  or  any  part  of  the  loan  of  $30,000,  authorized  by  ordinance, 
Chap.  216,  708 

11.  Councils  to  cause  notice  tobe  published  in  two  of  the  city  newspapers,  for 

at  least  two  weeks  previous  to  a  regular  meeting  of  the  court  of  quarter  sessions  of 
Allegheny  county,  of  the  location  of  Duquesne  Way,  and  of  the  intended  opening 
of  the  same,  and  of  the  places  where  plans  thereof  are  deposited  for  public  inspec¬ 
tion,  771 

12.  Notice  to  be  published  in  at  least  two  of  the  city  newspapers,  stating  that 

on  a  day  certain,  appointed  by  the  court  of  quarter  sessions,  the  said  court  will  pro¬ 
ceed  to  hear  any  objections  which  may  be  made  to  the  report,  plans  and  maps,  re¬ 
ported  by  the  viewers  of  the  new  city  district,  by  any  of  the  freeholders  owning 
property  in  the  said  district,  who  consider  themselves  aggrieved,  &c.  775 

13.  Public  notice  to  be  given,  in  at  least  two  of  the  city  newspapers  of  the 

filing  in  the  office  of  the  recording  regulator  of  the  city,  of  the  plans  and  specifica¬ 
tions  made  in  consequence  of  the  opening,  widening,  or  extending  of  any  of  the 
streets,  lanes  or  alleys  of  the  city,  under  the  provisions  of  the  act  of  assembly  of 
the  16th  of  June,  1836.  776 


886 


INDEX. 


14.  Notice  to  be  published  in  the  public  newspapers  of  each  county,  that  the 
State  tax  for  school  purposes,  for  the  year  1836,  shall  not  be  collected.  See  “reso¬ 
lution  of  the  legislature,  relative  to  the  collection  of  the  State  tax. ”  passed  10th  of 
March,  1836,  789 

NUISANCES. 

I*  All  offensive,  foul,  or  mouldy  vaults,  cellars,  privies,  or  other  nuisances  of 
any  kind,  injurious  to  the  health  or  comfort  of  the  inhabitants,  as  well  in  the  streets 
and  alleys,  as  on  the  shores  of  the  rivers,  to  be  daily  reported  by  the  assistants, 
to  the  mayor,  or  to  the  sanitary  board,  659 

2.  All  nuisances  arising  from  foul  and  offensive  vaults  or  privies,  between  the 

first  days  of  May  and  November,  to  be  abated  under  the  directions  of  the  mayor  or 
street  commissioner,  673 

3.  Fine  of  not  less  than  $5  nor  more  than  $20,  imposed  on  all  persons  crea¬ 

ting  such  nuisances,  to  be  recovered  by  the  solicitor  of  the  city,  on  the  information 
of  the  mayor,  or  any  of  the  aldermen  of  the  city,  673 

OAK  BARK. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an 
act  relating  to  inspections,”  passed  I5th  April,  1835,  and  the  several  supplements 
thereto,  736-70 

OATHS  OF  OFFICE. 

1.  Each  of  the  officers,  captain  and  lieutenants,  and  the  watchmen,  shall  take 

a  solemn  oath  to  perform  the  duties  of  their  respective  offices  to  the  best  of  their 
abilities,  714 

2.  See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 

relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

OFFICES  AND  OFFICERS. 

1.  Officers  of  the  city  to  be  elected  by  the  city  councils,  in  joint  meeting,  on 

the  third  Tuesday  of  January,  annually,  in  place  of  the  second  Tuesday  of  Janua¬ 
ry,  as  heretofore,  668 

2.  See  Title  “Inspection  of  Produce,”  and  also  an  act  of  assembly,  entitled  “an 

act  relating  to  inspections,”  and  the  several  supplements  thereto,  736-70 

3.  Governor  authorized  to  appoint  four  additional  notaries  public,  for  the  coun¬ 

ty  of  Allegheny,  one  of  whom  to  reside  in  Allegheny  town,  and  one  in  the  borough 
of  the  Northern  Liberties,  to  hold  their  offices  only  during  the  continuance  of  their 
residence  in  the  said  boroughs  respectively,  790 

4.  See  appendix,  title  “List  of  City  Officers,”  801 

OFFICERS  OF  THE  CITY. 

1.  A  list  of  all  the  officers  of  the  corporation  to  be  appended  to  the  pamphlet 

editions  of  the  ordinances  of  the  city,  passed  since  the  27th  of  May,  1833;  and  the 
same  to  be  published  annually  hereafter,  along  with  the  ordinances,  for  public  infor¬ 
mation,  705-6 

2.  See  “List  of  City  Officers,”  801 

OFFICIAL  BONDS. 

1.  The  official  bond  of  the  city  treasurer,  to  be  taken  in  the  sum  of  $20,000,  with 
two  or  more  sufficient  sureties,  to  be  approved  of  by  the  mayor,  recorder,  and  city 
solicitor,  conditioned  for  the  faithful  performance  of  the  duties  of  his  office,  706 

2.  See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an 

act  relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements 
thereto,  736-70 

OFFICIAL  MISCONDUCT. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 


INDEX. 


887 


OPENING  OF  STREETS. 

1.  Court  of  quarter  sessions  of  Allegheny  county,  on  being  petitioned,  authori¬ 

sed  to  grant  a  view,  for  the  purpose  of  ascertaining  the  propriety  of  opening  and 
extending  certain  streets  and  highways  within  the  city,  698 

2.  Sixth  street,  from  Grant  street  to  Coal  lane,  698 

3.  Wylie  street,  to  Grant  street,  or  some  other  street  within  the  city,  to  be  de¬ 
signated  by  the  viewers  to  be  appointed  by  the  said  court,  698 

4.  High  street,  from  Coal  lane  to  the  Farmers  and  Mechanics’  turnpike  road, 

atsome  point  near  the  Fort  Pitt  glass  works,  698 

5  Proceedings  of  the  viewers,  assessment  and  apportionmentof  damages,  pay¬ 
ment  of  costs  and  charges,  particularly  regulated  and  set  forth,  698 

6.  No  order  for  the  opening  of  said  streets  to  be  granted  by  the  court  of  quar¬ 
ter  sessions,  until  compensation  shall  be  first  made  or  tendered  to  the  owners  of  the 
ground,  or  property  injured,  by  the  opening  and  extending  of  said  streets,  698 

7.  Damages  incurred  by  holders  of  property,  in  consequence  of  the  opening 

and  extension  of  streets,  &e.  to  be  apportioned  among  the  holders  of  property  ben¬ 
efited  thereby,  lying  adjacent  to  such  streets,  &c.  698 

8.  When  damages  and  costs  are  paid,  as  assessed  and  apportioned,  under  the 

act  of  15th  April,  1835,  the  court  of  quarter  sessions  shall  order  the  said  streets  and 
highways  to  be  opened;  and  they  shall  thenceforth  be  subject  to  the  same  rules  and 
regulations  as  other  streets  and  highways  of  the  city  of  Pittsburgh,  and  county  of 
Allegheny,  699 

9.  The  city  councils  authorized  and  empowered  to  open,  extend  and  widen 

such  street  or  streets  as  they  may  deem  necessary  and  convenient,  to  communicate 
between  the  public  streets  and  the  Pittsburgh  gas  works,  717 

10.  Exchange  alley  to  be  opened  and  extended  16  feet  wide,  through  the  block 

of  lots  on  Liberty  and  Penn  streets,  from  St.  Clair  to  Irwin  street,  according  to  the 
terms  and  conditions  set  forth  in  the  act  of  assembly  of  the  1st  April,  1835,  719 

11.  A  public  street  or  highway,  to  be  called  Duquesne  Way,  to  be  opened  and 

laid  out  from  the  eastern  boundary  of  the  city  to  Water  street, along  the  Allegheny 
river,  and  parallel  with  Penn  street  forty  feet  wide,  at  a  grade  of  not  more  than  four 
feet  below  the  level  of  Penn  street,  770-71 

12.  In  surveying,  locating  and  marking  out  the  new  city  districts  into  sections, 
streets,  squares  and  alleys,  all  the  streets,  lanes  and  alleys  which  shall  have  been, 
previous  to  the  making  of  the  plan  or  map  of  said  new  district,  laid  out  and  appro¬ 
priated  by  private  persons,  or  otherwise,  for  public  use,  or  for  the  use  of  the  owners 
of  lots  fronting  thereon,  or  adjacent  thereto,  to  be  adopted,  inserted  in,  and  made 
apart  of  the  said  general  plan,  with  such  increase  of  width  and  extension  as  the  said 
commissioners  or  viewers  may,  in  any  case,  deem  necessary  and  expedient,  774 

13.  City  councils  authorized  and  empowered  to  open  any  new  street,  or  to  o- 

pen,  extend,  or  widen  any  of  the  strests,  lanes  or  alleys  of  the  city  already  laid  out, 
and  to  determine  the  location  and  limits  of  such  new  streets,  orpresent  streets,  lanes 
and  alleys,  according  to  the  provisions  of  the  act  of  assembly  of  the  16th  of  June, 
1836,  776 

ORDINANCES  OF  THE  CITY. 

1.  The  three  first  sections  of  the  ordinance  of  the  25th  June,  1832,  ante ,  p. 

585-6,  Chap.  161,  re-enacted,  659 

2.  The  select  and  common  councils  of  the  city  of  Pittsburgh,  may,  whenever 

they  deem  it  necessary,  by  ordinance,  confer  upon  the  mayor  and  aldermen  of  the 
said  city,  full  power  and  authority,  to  recover  summarily,  or  by  penal  action,  as  the 
case  may  be,  any  fines  and  forfeitures  inflicted  for  the  violation  of  the  provisions 
of  any  ordinances  which  they  have,  or  hereafter  may  enact  and  ordain  for  the  gov¬ 
ernment  of  the  said  city;  provided  such  fines  and  forfeitures  do  not  exceed  one 
hundred  dollars,  697-700 

3.  All  ordinances,  laws  and  regulations,  passed  by  the  city  councils  since  27th 

May,,  1833,  and  all  acts  or  parts  of  acts  of  assembly,  relating  to  the  city,  to  be  col¬ 
lected  and  published  in  pamphlet  form,  under  the  direction  of  the  presidents  of 
the  councils  and  the  recorder  of  the  city,  705 

4.  Two  hundred  and  fifty  copies  of  the  laws,  ordinances,  regulations,  and 
acts  of  assembly,  to  be  printed  on  a  page  of  the  same  size,  and  furnished  with 


888 


INDEX. 


marginal  notes,  references  and  index,  in  like  form  and  manner  with  the  present  pub¬ 
lished  compilation  of  the  city  laws,  705 

5.  Ordinances,  laws,  regulations,  and  acts  of  assembly  relating  to  the  city,  to 

be  annually  collected  and  printed  in  pamphlet  form,  in  like  manner,  706 

6.  The  true  intent  and  meaning  of  the  ordinances  of  the  27th  April,  16th  May, 

and  1st  June.  1835,  declared  to  be,  that  the  interest  on  the  gas  works  stock,  guar¬ 
anteed  by  the  city,  shall  be  paid  half  yearly,  on  the  amount  of  subscription  paid  in, 
from  the  date  of  payment,  711 


ORPHAN  ASYLUM. 

1.  All  children,  who  may  be  deemed  by  the  officers  of  the  orphan  asylum  of 

Pittsburgh  and  Allegheny,  fit  objects  of  their*care  and  bounty,  may  be  bound  to 
the  said  society,  by  the  overseers  of  the  poor,  the  father,  or  mother,  if  the  father  be 
dead,  absent  or  incompetent,  or  other  individual  having  authority,  697 

2.  Which  persons  are  authorized  to  bind  the  same  to  the  society,  in  like  man¬ 

ner,  and  for  thelike  number  of  years,  as  is  prescribed  in  the  general  law  in  relation 
to  apprentices;  and  the  said  society  shall,  in  such  indentures,  come  under  the  obliga¬ 
tions  usual  in  such  cases,  697 

3.  The  said  society,  in  all  cases  where  children  under  their  care  become,  in 

the  opinions  of  its  officers,  of  proper  age  and  qualifications  to  be  apprentices,  to 
learn  some  occupation  not  taught  within  its  walls,  shall  have  the  power,  under  its 
official  seal,  and  by  and  with  the  consent  of  the  child,  to  bind  them  to  suitable  per¬ 
sons  to  learn  such  trade,  calling  or  business  as  may  be  prescribed  in  the  indentures 
of  apprenticeship,  697 


OVERSEERS  OF  THE  POOR. 

1.  Overseers  of  the  poor,  in  certain  cases,  authorized  to  bind  poor  children  to 

the  officers  of  the  Orphan  Asylum  Society  of  Pittsburgh  and  Allegheny, in  like  man¬ 
ner,  and  for  the  like  number  of  years,  as  is  prescribed  in  the  general  law  in  relation 
to  apprentices;  the  said  society,  in  such  indentures,  to  come  under  the  obligations 
usual  in  such  cases,  697 

2.  Overseers  to  provide  for  poor  persons,  778 

3.  If  the  pauper  be  able  to  work  the  overseers  to  provide  work  for  him,  at  a 

suitable  place,  and  a  stock  of  materials,  &c.  778 

4.  Overseers  may  employ  able  bodied  paupers  in  repairing  roads,  &c.  if 

males*  778 


5.  If  paupers  be  unable  to  work,  overseers  to  provide  them  with  tire  neeessary 

means  of  subsistence,  778F 

6.  Overseers  to  furnish  paupers,  not  having  a  settlement,  until  such  persons 

can  be  removed  to  their  proper  place  of  settlement,  779 

7.  No  person  to  be  entered  in  the  poor  book,  or  relieved,  without  an  order  from 

two  justices  of  the  peace,  under  a  penalty,  &c.  779 

8.  Overseers  may  contract  for  the  employment  aud  support  of  the  poor, 

&c.  779 

9.  Overseers  may  put  out  poor  children  as  apprentices,  males  to  21  and  females 

to  18  years,  779 

19.  How  a  settlement  may  be  gained,  779 

11.  Of  the  settlement  of  married  women,  789 

12.  Of  the  settlement  of  illegitimate  children,  780 

13.  Effect  of  the  division  of  townships,  780 

14.  Housekeepers*  on  receiving  persons  who  have  not  gained  a  settlement  to 

give  notice  thereof  in  writingto  the  o  verseers  of  the  proper  district;  789 

15.  Overseers  authorized  to  receive  such  persons,  789 

16.  Overseers  may  remove  persons  likely  to  become  chargeable*  to  their  pro¬ 
per  places  of  settlement,  "  781 

17.  Overseers  to  receive  every  person  duly  removed,  and  a  penalty  of  twenty 

dollars,  to  be  imposed  ire  every  case  of  refusal,  &c.  781 

18.  Appealsfrom  orders  of  removal,  to  be  made  to  the  court  of  quarter  sessions 

of  the  proper  county,  781 

19.  Court  to  direct  how,  and  by  whom,  all  costs  on  appeals  shall  be  paid,  781 

20.  How  such  costs,  &c.  shall  be  collected,  in  cases  of  individuals*  782 

21.  Proceedings  to  recover  costs,  in  cases  of  overseers,  782 


INDEX. 


889 


22.  If  any  poor  person  shall  be  sick*  not  having  a  settlement,  and  be  relieved 

fet  the  expense  of  the  overseers  of  the  poor,  the  expense  may  be  recovered  from 
the  overseers  of  the  poor  of  the  place  where  he  was  last  settled,  782 

23.  Appeals  may  be  made  to  the  quarter  sessions,  in  cases  of  refusal  of  a  magis¬ 
trate  to  grant  an  order  of  removal,  783 

24.  Penalty  on  any  person  bringing  a  pauper  from  any  place  out  of  this  com¬ 
monwealth,  783 

25.  Every  person  bringing  any  black  or  mulatto  servant  into  this  State,  to  be 

liable  for  their  support,  &c.  783 

26.  Owners  of  negro  slaves  to  be  liable  for  their  support,  &c.  783 

27.  Parents,  children,  and  grand  children,  liable  for  the  support  of  pauper  rela¬ 
tions,  783 

28.  Incases  of  desertion  of  children  and  wife  by  the  husband,  or  of  children  by 

the  wife,  warrants  of  apprehension  may  be  issued  by  magistrates,  783 

29  On  the  return  of  such  warrants,  surety  may  be  taken,  for  appearance  at  the 
next  quarter  sessions,  784 

30.  Powers  of  the  court  of  quarter  sessions  in  all  such  cases,  784 

31.  Certain  described  persons  declared  liable  to  the  penalties  imposed  on  va¬ 
grants,  784 

32.  Overseers  and  directors  of  the  poor  to  recover  the  property  of  a  pauper, 

and  how  the  same  is  to  be  applied,  785 

33.  Directors  of  the  poor,  in  counties  where  there  are  poor  houses,  to  publish 

annually,  a  statement  of  their  accounts,  &c.  785 

34.  Justices  of  the  peace  to  make  a  record  of  every  fine,  &c.  received  by  them, 

for  use  of  the  poor,  and  to  deliver  transcripts  thereof  to  constables,  &c.  785 

35.  Penalty  on  justices  for  failing  to  perform  that  duty,  or  to  pay  over  the 

money,  when  called  on,  785 

36.  Overseers  of  the  poor  to  demand  all  fines  of  the  justices  receiving  them,  786 

37.  Clerks  of  courts  by  whom  fines  are  imposed,  to  deliver  notice  of  the  same 

to  the  constables,  786 

38.  Sheriffs  receiving  fines,  &c.  for  the  use  of  the  poor,  to  pay  the  same  over 

to  the  overseers  of  the  poor,  and  penalty  for  failing  to  do  so,  786 

39.  If  there  be  no  poor  in  a  district  or  township,  or  an  unexpended  balance  of 
poor  tax,  overseers  of  the  poor  to  pay  the  same  over  to  the  supervisors,  &c.  786-87 

40.  Penalty  to  be  imposed  on  overseers  of  the  poor  for  failing  to  perform  their 

duties,  787 

41.  How  the  several  fines,  penalties  and  forfeitures  under  the  “act  for  the  re¬ 
lief  and  employment  of  the  poor,”  of  the  13th  June,  1836,  are  to  be  recovered,  787 

42.  Persons  aggrieved  by  the  judgments  of  magistrates  may  appeal  to  the  next 

court  of  quarter  sessions,  whose  decision  to  be  final,  787 

43.  Definition  of  the  word  “district,”  as  used  in  the  act  of  the  13th  of  June, 

1836,  “for  the  relief  and  employment  of  the  poor,”  787 

44.  Directors  of  the  poor  of  Washington  county,  to  have  the  power,  oncer- 

tain  conditions,  of  binding  out  poor  children,  787 

PACKERS  AND  COOPERS. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

PAMPHLETS. 

1.  Two  hundred  and  fifty  copies  of  the  laws,  ordinances,  regulations,  and  acts 
of  assembly  relating  to  the  city,  to  be  printed  and  published  in  pamphlet  form,  un¬ 
der  the  direction  of  the  presidents  of  the  councils  and  recorder  of  the  city,  &c.  705 

2.  List  of  the  officers  of  the  corporation,  and  a  statement  of  the  outstanding 

city  loans  to  be  appended  thereto,  and  to  be  printed  on  a  page  of  the  same  size,  and 
be  furnished  with  marginal  notes,  references  and  index,  in  like  form  and  manner 
with  the  present  published  compilation  of  the  city  laws,  705 

3.  At  the  close  of  each  session  of  the  councils,  annually  hereafter,  all  the  laws, 
ordinances  and  regulations  which  may  have  been  passed  during  the  preceding  terra 

133 


890 


INDEX 


of  the  city  councils,  and  all  acts  of  assembly  relating  to  the  city,  to  be  published  i n 
like  form  and  manner,  706 

PAPERS  AND  RECORDS. 

In  all  cases  of  removals  of  indictments  or  civil  causes  from  the  mayor’s  court, 
the  quarter  sessions  or  common  pleas  ot  Allegheny  county,  to  the  district  court  of 
Allegheny  county,  the  indictment,  and  all  papers  connected  therewith,  it  it  be  a 
criminal  case,  or  the  original  writ,  declaration  and  all  papers  connected  with  it,  if. 
it  be  a  civil  case,  shall  be  transmitted  to  the  said  district  court,  777-78 

PARENTS  AND  CHILDREN. 

Parents,  children,  and  grand  children  liable  for  the  support  of  their  pauper  re¬ 
lations,  783 

PAVEMENTS. 

1.  The  patent  break  lock,  and  no  other,  to  be  used  by  the  owmers  of  all  wagons 

and  other  wheeled  carriages,  when  passing  over  the  paved  streets  of  the  city,  under 
the  penalty  of  ten  dollars  for  every  offence,  674-5 

2.  FinU  of  two  dollars  to  be  imposed  for  every  offence,  for  obstructing  the 

pavement  or  footway  in  front  of  the  court  house  and  public  offices  in  the  Diamond, 
by  tables,  benches,  barrels,  bags,  baskets,  furniture,  or  vegetables,  662 

PAVING  AND  GRADING  STREETS. 

1.  Amount  appropriated  for  paving  and  grading  Water  street  from  Smithfield 

to  Grant  street,  in  pursuance  of  an  ordinance  for  the  pavement  of  cartways,  &c. 
passed  14th  December,  1816.  See  Chap.  20,  ante ,  p.  120-26,  $552  93,  684 

2.  Amount  appropriated  for  paving  and  grading  cartways,  and  repaving  paved 

cartwrays,  in  the  year  1835,  $2,000,  684 

PENAL  ACTIONS. 

1.  Mayor  and  aldermen  of  the  city  of  Pittsburgh,  to  have  full  power  and  au¬ 

thority  to  recover  summarily,  or  by  penal  action,  as  the  case  may  be,  any  fines 
and  forfeitures  indicted  fur  the  violation  of  any  of  the  city  ordinances,  which  have 
been,  or  may  be  hereafter  passed,  ordained  and  enacted,  by  the  city  councils, for  the 
government  of  the  said  city;  provided  such  fines  and  forfeitures  do  not  exceed  one 
hundred  dollars,  697-700 

2.  Persons  summarily  convicted,  or  against  whom  judgment  may  be  rendered 
in  any  penal  action  of  debt,  at  the  suit  of  the  mayor,  aldermen  and  citizens  of 
Pittsburgh,  before  the  mayor  or  any  of  the  aldermen,  may  appeal  from  such  convic¬ 
tion  or  judgment,  within  ten  days  thereafter,  onenteringbail  orsecurityto  be  approv¬ 
ed  of  by  the  mayor  or  aldermen  before  whom  the  said  proceedings  are  had,  697-700 

3.  Aldermen  and  justices  of  the  peace,  of  every  city,  incorporated  township 
or  borough,  in  this  commonwealth,  to  have  full  power  and  authority  to  hear  and  de¬ 
termine  all  actions  of  debt,  for  penalty,  for  the  breach  of  any  ordinance,  by-law, 
or  regulation,  of  such  city,  borough,  or  township,  in  the  same  manner,  and  subject 
to  the  same  right  of  appeal  as  in  cases  of  debts  under  $100;  and  all  such  actions 
to  be  instituted  in  the  corporate  name  of  such  city,  township  or  borough,  697-700 

4.  Mayor  and  aldermen  authorized  to  recover,  either  summarily  by  conviction, 

or  by  penal  action,  any  fines  or  forfeitures  imposed  for  the  violation  of  any  of  the 
provisions  of  the  city  ordinances,  &c.  700 

PENALTIES,  FINES,  AND  FORFEITURES. 

1.  Penalty  of  five  dollars  imposed  on  all  persons  for  neglecting  or  refusing  to 

obey  the  written  or  printed  orders  of  the  sanitary  board,  with  respect  to  cleansing 
the  gutters,  pavements,  and  spaces  opposite  their  respective  lots,  to  be  recovered  in 
the  same  manner  as  other  fines  and  penalties  are  made  recoverable,  660 

2.  Fine  of  two  dollars,  for  every  offence,  for  obstructing  the  footway  in  front 

of  the  court  house  and  public  offices  in  the  Diamond,  by  tables,  benches,  barrels, 
bags,  baskets,  furniture  or  vegetables,  662 

3.  A  fine  of  ten  dollars  to  be  imposed  on  any  person  who  shall  deposit  filth, 

&c.  at  any  other  place  within  the  city,  than  at  the  public  float,  at  the  junction  of 
the  Allegheny  and  Monongahela  rivers,  663 


INDEX. 


891 


4*  Fine  of  not  less  than  $5  nor  more  than  $20,  to  he  imposed  on  all  persons 
emptying  a  id  cleansing  vaults  and  privies,  between  the  first  days  of  May  and  No¬ 
vember,  without  a  special  permit  in  writing  from  the  mayor  or  street  commission¬ 
er,  673 

5.  Cleansingand  purifying  of  vaults  and  privies,  to  be  performed  in  such  man¬ 

ner  as  not  to  obstruct  the  free  use  and  occupancy  of  public  and  private  property, 
and  not  to  annoy,  injure,  or  incommode  any  of  the  inhabitants  of  the  city,  under  a 
penalty  of  not  less  than  $5  nor  more  than  $20,  673 

6.  Duty  of  the  city  solicitor,  upon  tiie  information  of  the  mayor  or  any  of  the 

aldermen  of  the  city,  to  proceed  and  recover  all  such  fines  and  penalties  without  de¬ 
lay,  according  to  law,  673 

7  Fine  of  ten  dollars  imposed  on  all  persons  using  any  other  than  the  patent 
break  lock  on  wagons  or  other  wheeled  carriages,  when  passing  over  the  paved 
streets  of  the  city,  1.74-5 

8.  Ten  per  cent,  additional  on  the  whole  amount  of  water  rents,  costs  and 
charges,  to  be  paid  by  all  delinquents  and  defaulters,  in  paying  over  the  amount  of 
the -water  rents  assessed  on  them  severally,  as  a  penalty  for  such  delinquency,  681 

9.  A  fine  or  penalty  of  ten  dollars,  to  be  imposed  on  all  persons  exposing  for 

sale  any  carriage  or  carriages,  horses,  cattle,  or  animals  of  any  description  in  or  up¬ 
on  any  of  the  public  squares,  streets,  lanes,  or  alleys  of  the  city,  6,  0 

10.  Mayor  and  aldermen  of  the  city  of  Pittsburgh,  to  have  full  power  and  au¬ 

thority  to  recover  summarily,  or  by  penal  action,  as  the  case  may  be,  any  fines  and 
forfeitures  inflicted  for  the  violation  of  any  of  the  city  ordinances,  which  have 
been,  or  may  be  hereafter  ordained  and  enacted  by  the  councils  for  the  govern¬ 
ment  of  the  said  city,  provided  such  fines  and  forfeitures  do  not  exceed  $100,  697 

11.  Persons  summarily  convicted,  or  against  whom  judgment  may  be  render¬ 
ed,  in  any  penal  action  of  debt,  at  the  suit  of  the  mayor,  aldermen  and  citizens  of 
Pittsburgh,  before  the  mayor  or  any  of  the  aldermen,  may  appeal  from  such  con¬ 
viction  or  judgment,  within  ten  days  thereafter,  on  entering  bail  or  security,  appro¬ 
ved  of  by  the  mayor  or  alderman  before  whom  the  said  proceedings  are  had,  697 

12.  Aldermen  and  justices  of  the  peace,  of  every  city,  incorporated  township, 

or  borough,  in  this  commonwealth,  to  have  full  power  to  hear  and  determine  all 
actions  of  debt,  for  penalty,  for  the  breach  of  any  ordinance,  by-law,  or  regulation, 
of  such  city,  borough  or  township,  in  ihe  same  manner,  and  subject  to  the  same 
right  of  appeal ,  as  in  cases  of  debts  under  $100;  and  all  such  actions  to  be  institu¬ 
ted  in  the  corporate  name  of  such  city,  township,  or  borough,  697-700 

PENN  STREET. 

1.  A  culvert  of  not  less  than  three  feet  in  diameter  to  be  placed  at  Penn  street, 

according  to  a  diagram  filed  in  the  office  of  the  recording  regulator,  724 

2.  And  also,  one  of  like  kind,  between  Penn  street  and  the  Point,  according  to 

said  diagram,  724 

3.  Duquesne  Way  to  be  laid  out  on  a  line  parallel  with  Penn  street,  forty  feet 

wide,  from  the  eastern  boundary  of  the  city  to  Water  street,  at  a  grade  of  not  more 
than  four  feet  below  the  level  of  Penn  street,  770-71 

PERMANENT  WATCH. 

1.  See  details  under  the  title  of  “Watch  and  Watchmen,”  and  pages  712  to  715 

2.  The  salaries  of  the  officers  and  watchmen  of  the  permanent  city  watch  in¬ 
creased,  as  follows:  captain,  $31;  lieutenants,  $26;  and  watchmen.  $26,  per  month, 
in  place  of  the  former  salaries,  and  to  be  paid  monthly  as  heretofore  directed,  726 

PITT  STREET. 

So  much  of  Liberty  street,  as  is  bounded  on  the  east  side  by  the  lines  thereof, 
and  by  the  east  line  of  Pitt  street,  extended,  to  be  considered  as  the  market  limits  of 
the  Liberty  street  market  house,  661 

PITTSBURGH  AND  COAL  HILL  TURNPIKE. 

No  section  of  the  new  city  district  to  be  located  or  laid  out  partly  on  one  side 
and  partly  on  the  other  side  of  the  Pittsburgh  and  Coal  Hill  turnpike  road,  as  the 
same  is  now  located  through  the  said  new  district,  773 


893 


INDEX. 


PLACES  OF  HOLDING  ELECTIONS. 

1.  The  place  of  holding  the  general  and  city  elections  in  the  North  ward  of 
the  city,  fixed  at  the  house  of  James  Armstrong,  corner  of  Penn  and  St.  Clair 
streets,  702 

2  The  city  councils  authorized  and  required  to  fix  the  places  of  holding  all 
general  and  city  elections  for  the  different  wards  of  the  city,  at  suitable  houses  within 
the  bounds  of  the  respective  wards,  and  not  elsewhere,  and  to  change  the  same  as 
often  as  public  convenience  may  require,  702-3 

3.  The  places  for  holding  the  general  and  city  elections,  for  the  different  wards 

of  the  city  designated,  705 

4.  For  the  North  ward ,  at  the  Washington  Coffee  House,  corner  of  Penn  and 

St.  Clair  streets,  705 

5.  For  the  South  wardf  at  the  house  of  William  J.  Lyon,  corner  of  Third  and 

Grant  streets,  794 

6.  For  the  Eastward ,  at  the  house  of  Michael  Smith,  Liberty  street,  facing  Hand 

street,  794 

7.  For  the  West  wardy  at  the  court  house  in  the  Diamond,  705 

PLANK  AND  BOARDS. 

See  title  “Inspection  of  Produce,”  and  also  act  of  assembly  entitled  “an  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

PLANS  AND  MAPS. 

1.  Two  plans  or  maps  of  Duquesne  Way,  to  be  made  out  by  the  city  regula¬ 

tor,  one  of  which  to  be  deposited  in  the  office  of  the  clerk  of  the  court  of  quarter 
sessions  of  Allegheny  county,  and  be  open  at  all  reasonable  times  to  the  examina¬ 
tion  of  persons  wishing  to  examine  the  same,  771 

2.  A  plan  and  map  of  the  new  city  district  to  be  made  by  the  surveyor  thereof, 

under  the  direction  of  the  viewers,  on  which  shall  be  located  and  marked,  such 
streets,  alleys  and  squares,  as  the  viewers  shall  judge  proper,  giving  to  the  same 
such  arrangement  and  dimensions  as  shall  in  their  judgments  be  best  calculated  to 
meet  the  wants  and  convenience  of  any  future  population,  774 

3.  A  correct  copy  of  the  plan  or  map  of  the  new  city  district,  with  such  expla¬ 

nations  as  may  be  necessary  to  a  perfect  understanding  of  the  same,  to  be  returned 
by  the  viewers  to  the  office  of  the  clerk  of  the  court  of  Q,.  S.  to  be  filed  in  his  office 
for  public  inspection  and  examination,  774-5 

4.  Court  of  Q,.  S.  authorized  to  hear  objections  to  the  said  plan  or  map,  and 

to  make  such  alterations  therein  as  they  may  deem  necessary,  775 

5.  Plans  and  specifications  of  the  opening,  extension  and  widening  of  streets, 

lanes  or  alleys,  within  the  city,  to  be  made  and  deposited  in  the  office  of  the  record¬ 
ing  regulator  of  the  city,  for  public  examination  and  inspection,  776 

POINT. 

A  culvert,  of  not  less  than  three  feet  in  diameter,  to  be  placed  between  Penn 
street  and  the  Point,  as  designated  on  the  diagram  filed  in  the  office  of  the  record¬ 
ing  regulator,  724 

POOR  CHILDREN. 

1.  All  children  who  may  be  deemed  by  the  officers  of  the  Orphan  Asylum  of 

Pittsburgh  and  Allegheny,  fit  objects  of  their  care  and  bounty,  may  be  bound  to  the 
said  society,  by  the  overseers  of  the  poor,  the  father,  or  mother,  if  the  father  be  dead, 
absent,  or  incompetent,  or  other  individual  having  authority,  697 

2.  Which  persons  are  authorized  to  bind  the  same  to  the  society,  in  like  man¬ 

ner,  and  for  the  like  number  of  years,  as  is  prescribed  in  the  general  law  in  relation 
to  apprentices;  and  the  said  society  shall,  in  such  indenture,  come  under  the  obli¬ 
gations  usual  in  such  cases,  *  697 

3.  The  said  society,  in  all  cases  where  children  under  their  care  become,  in  the 
opinion  of  its  officers,  of  proper  age  and  qualifications  to  be  apprentices,  to  learn 
some  occupation  not  taught  within  its  walls,  shall  have  the  power,  under  its  official 
seal,  and  by  and  with  the  consent  of  the  child,  to  bind  them  to  suitable  persons  to 


INDEX 


893 


learn  such  trade,  calling  or  business  as  may  be  prescribed  in  the  indenture  of  ap- 
prenticeship,  697 

POOR  PERSONS  AND  PAUPERS. 

1.  See  the  act  of  assembly,  entitled  “  an  act  relating  to  the  support  and  employ¬ 
ment  of  the  poor,”  passed  13th  of  June,  1836,  778-88 

2.  See,  also,  title  “  Overseers  of  the  Poor.” 

POOR  SCHOOLS. 

1.  See  appendix  No.  III.  805 

2.  See,  also,  title,  “  Education  and  Common  Schools.” 

3.  Act  of  assembly,  commonly  called  the  general  school  law,  entitled,  “An  act 

to  consolidate  and  amend  the  several  acts  relating  to  a  general  system  of  education 
by  common  schools,”  passed  13th  June,  1836,  726-35 

PORK  AND  BEEF. 

See  title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

PORTABLE  STALLS. 

1.  Portable  stalls  may  be  placed  and  occupied  by  persons  disposing  of  country 

produce  at  second  hand,  in  the  Diamond  market  house,  on  first  procuring  a  license 
therefor  from  the  Mayor,  725 

2.  Rent  of  such  portable  stalls  fixed  at  $10  per  year,  or  37^  cents  per  day  for 
occasional  visiters,  to  be  paid  to  the  clerk  of  the  markets,  for  the  use  of  the  city,  725 

POT  AND  PEARL  ASHES. 

See  title  “Inspection  of  Produce,”  and  also  act  of  assembly  entitled  “an  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

PRESIDENTS  OF  COUNCILS. 

1.  Presidents  of  the  councils  and  recorder  of  the  city  to  cause  to  be  published, 

in  pamphlet  form,  all  the  laws,  ordinances,  regulations,  and  acts  of  assembly  re¬ 
lating  to  the  city,  passed  since  27th  May,  1833,  together  with  a  list  of  the  officers 
of  the  corporation,  and  a  statement  of  the  outstanding  city  loans,  705 

2.  At  the  close  of  each  term  of  the  councils  annually,  hereafter,  all  the  laws, 

ordinances,  and  regulations,  which  may  have  been  passed  during  the  preceding 
term  of  the  city  councils,  and  all  acts  of  assembly  relating  to  the  city,  to  be  publish¬ 
ed  in  like  manner,  706 

PRESIDENTS  OF  SCHOOL  DISTRICTS. 

1.  See  title  “Education  and  Common  Schools,”  and  appendix  No.  III.  805 

2.  Act  of  assembly,  commonly  called  the  general  school  law,  entitled  “an  act 

to  consolidate  and  amend  the  several  acts  relating  to  a  general  systenf  of  education 
by  common  schools,”  passed  13th  June,  1836,  726-35 

PRESTLEY,  N.  W. 

In  opening  Exchange  alley  from  Hand  street  to  Irwin  street,  the  same  is  not 
to  interfere  with  the  brick  buildings  of  N.  W.  Prestley,  on  said  alley,  as  they  now 
stand,  so  long  as  the  said  buildings  do  stand,  698 

PRINTERS. 

1.  Mayor  authorized  to  receive  proposals  until  the  1st  of  March,  1835,  from  the 

several  newspaper  printers  of  the  city,  for  publishing  all  public  advertisements,  city 
accounts,  proclamations,  &c.  678 

2.  Mayor  authorized  to  appoint  the  two  lowest  and  best  bidders,  to  do  such 
printing,  who  shall  be  the  only  authorized  printers  and  publishers  for  the  city,  678 

3.  Amount  appropriated  for  public  printing  in  the  year  1835,  and  to  pay  arrear¬ 
ages,  $539  75,  684 


894 


INDEX. 


PRISONERS. 

Watchmen  required  to  apprehend  all  assassins,  robbers  and  other  violators  and 
disturbers  of  the  public  peace  and  tranquillity,  and  every  one  they  rnay  have  cause 
to  suspect  of  any  evil  design,  as  well  as  drunkards  and  vagrants,  and  convey  them  to 
the  public  watch  house,  and  from  thence,  at  the  proper  time,  to  the  mayor’s  office, 
for  examination,  713-14 

PRIVATE  STREETS,  ALLEYS,  &c. 

1.  All  streets,  lanes  and  alleys  within  the  new  city  district,  laid  out  previous  to 
the  making  of  the  general  plan  thereof,  and  appropriated  by  private  persons  or  other¬ 
wise  for  public  use,  or  for  the  use  of  the  owners  of  lots  fronting  thereon,  or  adjacent 
thereto,  to  be  adopted,  inserted  in,  and  made  part  of  the  said  general  plan,  with 
such  increase  of  width  and  extension  as  the  viewers  or  commissioners  appointed 
to  view  the  said  new  district  may,  in  any  case  deem  necessary  and  expedient,  774 

2.  All  streets,  lanes  and  alleys,  within  the  city,  if  not  less  than  20  feet  in  width, 

which  have  been  laid  out,  appropriated,  and  owned  by  private  persons  for  public 
use,  or  for  the  use  of  the  owners  of  lots  fronting  thereon,  being  not  less  than  20  feet 
in  width,  hereafter  laid  out,  appropriated  and  opened,  shall,  for  every  purpose,  be 
deemed  and  taken  as  public  highways,  as  fully  as  the  other  public  streets  of  the 
city,  776 

PRIVIES  AND  VAULTS. 

1.  All  foul,  offensive,  or  mouldy  vaults,  cellars,  privies,  or  other  nuisance  of 

any  kind  to  be  examined  by  the  assistants,  and  daily  reported  to  the  sanitary  board 
or  the  mayor,  as  well  within  the  streets,  lanes,  or  alleys,  and  on  the  shores  of  the 
rivers,  as  within  the  enclosures  and  houses  of  the  citizens,  660 

2.  Filth  from  privies,  &c.  not  to  be  deposited  at  any  place  within  the  city, 

other  than  at  the  public  float,  at  the  junction  of  the  Allegheny  and  Monongahela 
rivers,  under  a  penalty  of  ten  dollars  for  every  such  offence,  673 

3.  Not  to  be  emptied  or  cleansed,  (with  the  exception  of  portable  privies,)  be¬ 

tween  the  first  days  of  May  and  November,  except  by  a  special  permit  in  writing, 
from  the  mayor  or  street  commissioner,  673 

4.  Penalty  of  not  less  than  five  nor  more  than  twenty  dollars  to  be  imposed  on 

all  persons  offending  against  this  regulation,  673 

5.  Duty  of  the  city  solicitor,  upon  the  information  of  the  mayor,  or  any  of  the 

aldermen,  to  proceed  and  recover  such  fine  or  penalty  according  to  law  without 
delay,  673 

6.  Whenever,  between  the  first  days  of  May  and  November,  any  vault  or  pri¬ 
vy  shall  be  declared  by  the  proper  authority  to  be  a  public  nuisance,  the  same  shall 
be  forthwith  abated,  under  the  direction  of  the  mayor  or  street  commissioner,  673 

7.  Mayor  and  street  commissioner  authorized  to  grant  special  permits  in  wri¬ 

ting,  for  cleansing  and  purifying  foul  vaults  and  privies,  between  the  first  days  of 
May  and  November;  the  same  to  be  performed  between  the  hours  of  1 1  P.  M.  and 
3  A.M.  and  at  no  other  time,  673 

8.  Contents  of  all  such  vaults  and  privies  so  cleansed  by  order  of  the  mayor  or 

street  commissioner,  to  be  deposited  at  such  place  as  shall  be  designated  by  the 
street  commissioner,  and  at  no  other,  674 

9.  Such  cleansing  to  be  performed  in  such  manner  as  not  to  obstruct  the  free 

use  and  occupancy  of  any  public  or  private  property,  and  not  to  annoy,  injure  or 
incommode  any  of  the  inhabitants  of  the  city,  under  the  penalty  of  not  less  than 
five  nor  more  than  twenty  dollars,  574 

10.  Permits  to  cleanse  and  purify  foul  and  offensive  vaults  and  privies  between 
the  first  days  of  May  and  November,  not  to  excuse  or  exonerate  the  owners  there¬ 
of  from  the  payment  of  the  fines  and  penalties  imposed  on  all  persons,  by  previous 
ordinances,  in  suffering  such  vaults  and  privies  to  become  public  nuisances,  674 

PROOF  OF  LIQUORS. 

See  title  “Inspection  of  Produce,”  and  also  act  of  assembly, entitled  “an  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 


INDEX. 


895 


PROPERTY  OF  PAUPERS. 

Overseers  of  (lie  poor  and  directors  of  poor  houses,  authorized  to  recover  the 
property  of  paupers;  and  when  the  same  is  recovered,  how  it  is  to  be  applied, 
&c.  785 

PUBLIC  FLOAT. 

A  public  float  to  be  constructed,  of  sufficient  length  and  breadth  to  adroit  of  a 
horse  and  cart  to  turn  thereon,  to  be  moored  with  a  chain  cable  to  the  shore,  at 
the  junction  of  the  Allegheny  and  Monongahela  rivers,  as  the  only  place  of  deposit 
for  iilth,  &c.  within  the  city,  662-3 

PUBLIC  LAMPS. 

1.  The  Pittsburgh  gas  works  to  be  on  a  scale  competent  to  the  manufacture  of 

50,000  cubic  feet  of  gas  daily;  and  the  arrangement  of  the  pipes  for  distribution  and 
delivery  to  be  approved  of  by  the  water  committee,  688 

2.  Public  lamps,  not  exceeding  200  in  number  in  the  whole,  as  may  be  required 

by  the  committee  of  councils  on  lighting,  to  be  supplied  by  the  Pittsburgh  gas  works, 
at  one  half  the  price  paid  by  private  consumers',  689 

3.  All  fixtures  and  meters  for  the  distribution  of  gas,  to  be  approved  of  by  the 

committee  of  councils  on  lighting,  and  to  be  provided  by  the  trustees  without  ex¬ 
pense  to  the  city  corporation,  689 

PUBLIC  LANDINGS. 

J.  No  building  materials,  &c.  to  be  deposited  at  or  near  the  public  landings, 
near  the  Monongahela  bridge,  as  heretofore  permitted,  701 

2.  The  space  lying  between  Duquesne  Way  and  the  low  water  mark  of  the 
Allegheny  river,  (when  said  Way  is  laid  out,)  to  be  forever  after  occupied  and  used 
as  a  public  landing  under  the  direction  of  the  city  councils,  771 

PUBLIC  LOANS  AND  CITY  DEBT. 

1.  Mayor  authorized  to  borrow  $30,000  for  the  use  of  the  city,  at  an  interest  of 

5  per  cent,  to  be  paid  on  the  first  days  of  January  and  July,  annually,  at  the  bank 
of  the  United  States,  in  Philadelphia,  792 

2.  Said  loan  to  be  redeemable  on  the  first  of  August,  1866;  and  upon  payment, 

a  certificate  therefor  to  be  issued  under  the  seal  of  the  corporation,  and  countersign* 
ed  by  the  treasurer,  and  made  transferable  by  endorsement  thereon,  in  the  presence 
of  the  city  treasurer,  or  in  the  presence  of  the  cashier  of  the  bank  of  the  United 
States,  in  Philadelphia  792-3 

3.  Faith,  credit,  funds,  revenue,  and  corporate  property  of  the  city  pledged 

for  the  re-payment  of  the  said  loan,  and  for  the  accruing  interest  thereon,  793 

4.  See  appendix  No.  II.  title  “  City  Loans  and  Public  Debt.”  805 

PUBLIC  OFFICES. 

1.  A  fine  of  two  dollars  to  be  imposed  for  every  offence,  for  obstructing  the 

footways  or  pavements  in  front  of  the  court  house  and  public  offices  in  the  Diamond, 
by  tables,  benches,  barrels,  bags,  baskets,  furniture,  or  vegetables,  662 

2.  All  such  obstructions  on  the  footways  or  pavements,  in  front  of  the  court 

house  and  public  offices  in  the  Diamond,  to  be  forthwith  removed  by  the  constables 
attending  upon  the  market,  662 

PUBLIC  SALES. 

A  fine  or  penalty  of  ten  dollars,  to  be  recovered  before  the  mayor  or  any  of  the 
aldermen  of  the  city,  imposed  on  all  persons  offering  for  sale  any  carriage  or  car¬ 
riages,  horses,  cattle,  or  animals  of  any  description,  in  or  upon  any  of  the  public 
squares,  streets,  lanes  or  alleys  of  the  city,  690 

PUBLIC  SCHOOLS. 

1.  See  appendix  No.  Ill,  page  808 

2.  See  also,  title  ‘Education  and  Common  Schools,” 

3.  Act  of  assembly,  commonly  called  the  general  school  law,  entitled  “an  act 

to  consolidate  and  amend  the  several  acts  relating  to  a  general  system  of  education 
by  common  schools,”  passed  13th  June,  1836,  726-35 


896 


INDEX. 


4.  The  State  tax  for  school  purposes,  directed  not  to  be  collected  for  the  yetef 
i836.  See  “Resolution  relative  to  the  collection  of  the  State  tax,”  passed  10th  of 
March,  1836;  and  notice  to  be  published  in  the  public  newspapers  of  each  county^ 
&c.  789 

PUBLIC  STAGES,  &c. 

1.  Drivers  of  all  public  stages,  mail  coaches,  coachees,  carriages  and  cars,  lia¬ 

ble  to  indictment,  fine  and  imprisonment,  at  the  discretion  of  the  court,  for 
gross  negligence  or  wilful  misconduct,  by  which  passengers  or  others  are  injur¬ 
ed,  788 

2.  See  act  of  assembly,  entitled  “an  act  for  the  prevention  of  injuries  to  indi¬ 

viduals,  by  the  gross  negligence  or  wilful  misconduct  of  stage  drivers  and  others,” 
passed  1st  of  April,  1836,  788 

PUNCHEONS  AND  HOGSHEADS. 

See  title  “Inspection  of  Produce,”  and  also  act  of  assembly  entitled  “An  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

QUALIFICATION  OF  ELECTORS. 

To  constitute  any  of  the  inhabitants  of  the  city,  an  elector  for  mayor  and 
councils,  he  must  be  a  freeman,  qualified  to  vote  for  members  of  the  house  of  re¬ 
presentatives  of  this  commonwealth,  703 

QUALIFICATION  OF  MAYOR  AND  COUNCILS. 

No  person  to  be  eligible  to  the  offices  of  mayor,  or  of  select  or  common  coun¬ 
cil  man,  who  is  not  qualified  to  be  elected  a  member  of  the  house  of  representatives 
of  this  commonwealth,  .  703 

QUARTER  SESSIONS. 

1.  Court  of  quarter  sessions  of  Allegheny  county,  on  being  petitioned,  author¬ 

ized  to  grant  a  view  for  the  purpose  of  ascertaining  the  propriety  of  opening  and 
extending  Sixth  street  from  Grant  street  to  Coal  lane,  698 

2.  And  also,  Wylie  street  to  Grant  street,  or  some  other  street  within  the  city, 

to  be  designated  by  the  viewers  to  he  appointed  by  the  said  court,  698 

3.  And  also,  in  like  manner,  High  street  from  Coal  lane  to  the  Farmers  and 

Mechanics’  turnpike  road,  at  some  point  near  the  Fort  Pitt  glass  works,  698 

4.  Court  to  appoint  nine  discreet  and  disinterested  freeholders,  who,  after  be¬ 

ing  duly  sworn  or  affirmed,  shall,  together  with  the  commissioners  of  Allegheny 
county,  for  the  lime  being,  or  a  majority  of  them,  view  the  ground  proposed  to  be 
opened  for  the  said  streets,  698 

5.  If  the  said  viewers,  or  any  ten  of  them,  including  one  or  more  of  the  coun¬ 

ty  commissioners,  agree  that  there  is  occasion  for  opening  the  said  streets,  they 
shall  proceed  to  lay  out  the  same,  as  agreeably  to  the  prayer  of  the  petitioners  as 
may  be,  698 

6.  The  said  streets  to  be  laid  out  in  such  manner  as  to  do  the  least  injury  to 

private  property;  and  the  viewers  to  report  their  proceedings  to  the  next  court  of 
quarter  sessions — and  if  the  said  court  shall  approve  the  same,  the  said  report  shall 
be  entered  on  record,  and  thenceforth  such  streets  shall  be  deemed,  taken  and  al¬ 
lowed  to  be  public  streets  and  highways,  698 

7.  The  said  viewers,  or  any  seven  of  them,  shall  enquire  what  damages  any  in¬ 

dividual  or  individuals  shall  or  may  sustain,  by  reason  of  opening  andextending  the 
said  streets  and  highways,  and  shall  make  a  fair  estimate  of  the  same,  698 

8.  The  said  viewers  shall  also  enquire  to  whom  the  opening  of  the  said  streets 

and  highways  shall  be  a  benefit,  and  shall  apportion  and  assess  the  amount  of  dam¬ 
ages  so  found,  upon  the  individuals  so  benefited,  fairly  and  equitably,  in  proportion 
to  the  benefit  received  therefrom,  and  the  value  of  their  property  adjacent  to  the 
said  streets  and  highways,  698 

9.  The  said  viewers  shall  file  their  apportionment  and  assessment  in  the  court 
of  quarter  sessions  of  Allegheny  county;  and  on  the  same  being  approved  by  the 
said  court,  the  report  shall  be  entered  and  recorded  at  large  upon  the  docket  there¬ 
of,  and  shall  bind  and  conclude  all  parties  owning,  or  claiming  to  own,  the  proper- 


INDEX. 


897 


ty  so  adjudged  to  be  benefited  by  the  opening  of  the  said  streets  and  highways,  698 

10.  All  such  sums,  so  assessed  and  apportioned,  shall  be  and  remain  a  lien  up¬ 

on  the  property  adjacent  to  the  said  streets  and  highways,  of  the  owners  so  adjudg¬ 
ed  to  be  benefited  as  aforesaid,  until  the  same,  with  the  accruing  costs  shall  have 
been  paid  or  tendered  to  the  individual  or  individuals  entitled  to  receive  the 
same,  698 

11.  If  any  individual  or  individuals,  assessed  for  contribution  as  aforesaid,  shall 

neglect  or  refuse,  after  sixty  days  notice  of  the  approval  by  the  court  of  quarter 
sessions,  and  a  demand  made  to  pay  the  sum  assessed  and  apportioned  to  be  paid  by 
him  or  them,  the  said  court  shall,  and  may  at  any  time,  after  the  expiration  of  the 
said  sixty  days,  issue  a  scire  facias  on  the  said  lien  or  liens,  699 

12.  Such  scire  facias  to  be  issued  in  the  name  of  the  commonwealth,  for  the 

use  of  the  individual  or  individuals  aggrieved,  against  such  persons  as  shall,  after  no¬ 
tice  as  aforesaid,  neglect  or  refuse  to  pay  the  sum  assessed  and  apportioned  on  him 
or  them,  commanding  him  or  them  to  appear  before  the  said  court  of  quarter  ses¬ 
sions,  on  a  day  certain,  therein  to  be  named,  699 

13.  The  defendant  or  defendants  to  such  scire  facias  then  and  there  to  show 

cause,  if  any  they  have,  why  the  amount  of  the  said  assessment  and  apportionment 
should  not  be  levied  of  their  goods  and  chattels, landsand  tenements,  with  the  costs 
thereof,  699 

14.  And  the  said  court  of  quarter  sessions,  unless  sufficient  cause  be  shown, 

shall,  and  they  are  duly  authorized  to  issue  an  execution,  and  levy  the  same,  in  the 
same  manner  that  judgments  in  civil  actions  are  levied,  699 

15.  As  soon  as  the  costs  and  damages  so  assessed  and  apportioned  shall  be 

paid,  or  tendered  to  the  individuals  entitled  to  receive  the  same,  the  said  court  of 
quarter  sessions  shall  order  the  said  streets  and  highways  to  be  opened;  and  they 
shall  thenceforth  be  subject  to  the  same  rules  and  regulations  as  other  streets  and 
highways  in  the  said  city  and  county  are  subject,  699 

16.  The  costs  of  viewing,  and  of  assessing  and  apportioning  the  damages,  &c. 

and  of  opening  the  said  streets  and  highways  to  be  regulated  in  the  same  manner 
as  the  costs  of  similar  proceedings  under  the  laws  of  this  commonwealth,  for  ma- 
king  and  repairing  of  roads,  &c.  699 

17.  Act  of  assembly,  entitled  “a  further  supplement  to  the  act  entitled  “an  act 

to  incorporate  the  city  of  Pittsburgh,”  passed  15th  of  April,  1835.  697-99 

18.  Report  of  viewers  of  damages  to  be  filed,  and  entered  of  record,  at  large 

upon  the  docket  of  the  court  of  quarter  sessions,  when  approved  of  by  said  court, 
and  thenceforth  to  bind  and  conclude  all  parties  owning,  or  claiming  to  own,  the 
property  adjudged  by  the  viewers  to  be  benefited  by  the  opening  and  extension  of 
certain  streets  and  highways,  under  the  act  of  15th  April,  1835,  698 

19.  Persons  offending  against  the  ordinances  of  the  city  passed  for  the  protec¬ 

tion  of  the  Pittsburgh  gas  works  property,  if  the  offence  be  committed  without  the 
city  limits,  may  be  punished  by  indictment  in  the  court  of  quarter  sessions  of  Alle¬ 
gheny  county,  717 

20.  Persons  aggrieved  by  any  order  of  removal  of  a  pauper,  &c.  may  appeal 
to  the  next  court  of  quarter  sessions  who  shall  finally  determine  the  same,  781 

21.  In  order  to  prevent  vexatious  appeals,  the  court  of  quarter  sessions  may 
order  and  direct  costs  and  charges  to  be  paid  by  delinquent  appellants,  781-2 

REAL  ESTATE. 

Joint  committee  of  councils  on  fire  companies,  authorized  to  purchase  from 
the  Methodist  Episcopal  church,  a  lot  of  ground,  corner  of  Seventh  street  and 
Miltenberger’s  alley,  for  the  use  of  the  Neptune  fire  engine  and  hose  companies, 
for  the  sum  of  $1000,  707 

RECOGNISANCES. 

1.  The  district  court  of  Allegheny  county  to  have  power  to  take  the  recognisan¬ 

ces  of  the  defendant  or  witnesses  in  any  indictment  which  may  be  removed  to  the 
said  court,  from  the  mayor’s  court,  or  the  quarter  sessions  of  Allegheny  county, 
wherein  the  city  of  Pittsburgh  is  directly  or  indirectly  interested,  for  the  purpose 
of  securing  their  attendance  upon  the  trial  thereof,  &c.  778 

2.  In  any  civil  suit  or  indictment,  removed  from  the  mayor’s  court,  the  quarter 
sessions  or  common  pleas  of  Allegheny  county,  wherein  the  validity  of  any  regu- 


898 


INDEX. 


lation  of  any  street  or  alley  in  said  city,  made  either  before  or  since  its  in  corporation 
as  a  city,  may  be  brought  in  question,  although  the  said  city  may  not,  by  its  corporate 
name  be  a  party  to  the  record,  the  same  shall  be  tried  before  a  jury,  from  which  all 
persons  resident,  or  owning  real  property  in  said  city  shall  be  excluded,  777 

RECORDER. 

1.  To  be  one  of  the  permanent  members  of  the  sanitary  board,  660 

2.  Recorder  and  presidents  of  the  councils  to  cause  to  be  published  in  pamph¬ 

let  form,  all  the  laws,  ordinances,  regulations,  and  acts  of  assembly  relating  to  the 
city,  passed  since  27th  May,  1833;  together  with  a  list  of  the  officers  of  the  corpo¬ 
ration,  and  a  statement  of  the  outstanding  city  loans,  705 

3.  At  the  close  of  each  term  of  the  councils,  annually  hereafter,  all  the  laws, 

ordinances  and  regulations,  which  may  have  been  passed  during  the  preceding 
term  of  the  city  councils,  and  all  acts  of  assembly  relating  to  the  city,  to  be  pub¬ 
lished  in  like  manner,  706 

4.  Recorder,  mayor  and  city  solicitor  to  approve  of  the  bond  and  sureties  of 

the  city  treasurer  in  the  sum  of  $20,000,  conditioned  for  the  faithful  performance 
of  the  duties  of  his  office,  706 

RECORDING  REGULATOR. 

1.  The  western  abutment  of  the  bridge  authorized  to  be  built  by  Harmar  Den¬ 

ny,  overthe  Pennsylvania  canal,  at  or  near  Washington  street,  in  Pittsburgh,  to  be 
constructed  in  such  form,  and  of  such  grade,  as  shall  be  directed  by  the  recording 
regulator,  696 

2.  The  recording  regulator  to  make  out  two  plans  or  maps  of  Duquesne 

Way,  when  the  same  is  laid  out  and  surveyed,  one  of  which  to  be  deposited  in  the 
office  of  the  clerk  of  the  court  of  quarter  sessions  of  Allegheny  county,  and  be  open 
at  all  reasonable  times  to  the  examination  of  persons  desiring  to  examine  the 
same,  771 

RECORDS  AND  PAPERS. 

In  all  cases  oc  removals  of  indictments,  or  civil  causes,  from  the  mayor’s  court, 
the  quarter  sessions  or  common  pleas  of  Allegheny  county,  to  the  district  court  of 
Allegheny  county,  the  indictment  and  all  papers  connected  therewith,  if  it  be  a 
criminal  case,  or  the  original  writ,  declaration,  and  all  papers  connected  therewith, 
if  it  be  a  civil  case,  shall  be  transmitted  to  the  said  district  court,  777-78 

RECOVERY  OF  FINES  AND  PENALTIES. 

Fines  and  penalties  imposed  by  the  inspection  laws  of  Pennsylvania,  how  re¬ 
covered,  p.  768.  See  Title  ‘‘Inspection  of  Produce,”  and  also  act  of  assembly,  en¬ 
titled  “an  act  relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  sup¬ 
plements  thereto,  736-70 

REGISTER  AND  ASSESSOR  OF  THE  WATER  WORKS. 

1.  His  duty  to  prepare  and  make  out  a  correct  alphabetical  list  of  all  persons 

within  the  city,  using  the  hydrant  water,  annually,  in  the  month  of  April,  and  as 
soon  after  the  first  of  April,  as  possible,  680 

2.  To  designate  in  such  list  the  streets  and  alleys  in  which  such  persons  reside, 
and  the  number  of  the  buildings  they  respectively  occupy,  as  far  as  the  same  is 
practicable, 

3.  Also,  to  designate  the  name  of  the  owner  or  owners  of  the  buildings  or  pre¬ 

mises  so  occupied,  the  trade  or  occupation  of  the  person  being  the  principal  renter 
or  occupier  of  each  house,  and  the  amount  of  water  rents  wherewith  each  individual 
may  be  assessed,  or  is  entitled  to  pay  for  the  current  year,  680 

4.  Register,  &c.  to  deliver  such  alphabetical  list,  when  completed,  to  the  wa¬ 

ter  committee  for  their  examination,  correction  and  approval;  and  when  the  same 
shall  be  so  examined,  corrected,  and  approved  of  by  the  water  committee,  in  wri¬ 
ting,  to  enter  the  same  at  large  in  a  book  of  record,  to  be  kept  by  the  water  com¬ 
mittee  for  that  purpose,  at  their  office,  680 

5.  Duty  of  the  register,  &c.  when  the  annual  alphabetical  list  of  water  rents  is 

made  out,  completed,  and  approved  of  in  writing  by  the  water  committee,  to  de¬ 
liver  the  same  forthwith  to  the  collector  of  the  city  taxes,  680 


INDEX. 


899 


6.  Duty  of  the  register,  &c.  on  receiving  from  the  collector  the  report  of  delin¬ 

quents,  immediately  to  give  notice,  in  writing,  to  all  such  delinquents,  that  if  the  wa¬ 
ter  rent  be  not  paid  in  two  weeks  thereafter,  they  will  be  deprived  of  the  use  of  the 
Water,  and  that  suit  will  be  brought  against  them  for  the  recovery  of  such  rent,  to¬ 
gether  with  all  accruing  costs  and  charges,  681 

7.  Register,  &c.  directed  to  make  report,  in  writing,  on  the  first  Monday  of 

September  in  each  year,  of  the  name  and  residence,  together  with  the  amount,  of 
the  rent  and  charges  due  by  each  delinquent,  681 

8.  Duty  of  the  register,  &c.  to  deliver  the  said  list  of  delinquents,  when  pro¬ 
perly  made  out  and  certified,  to  the  superintendent  of  the  water  works,  681 

9.  Duty  of  the  register,  &c.  to  cause  suits  to  be  instituted  before  the  mayor  or 
any  of  the  aldermen  of  the  city,  against  all  delinquents,  for  the  recovery  of  the  wa¬ 
ter  rents,  and  all  costs  and  charges  of  detaching  the  ferule,  re-paving,  &c.  together 
with  10  per  cent,  on  the  whole  amount,  as  a  penalty  for  such  delinquency,  681 

10.  When  such  water  rents,  costs  and  charges  are  so  recovered,  the  register, 

&c.  shall  receive  and  pay  the  same  over  to  the  city  treasurer,  681 

11.  Register,  &c.  to  give  bond  in  the  sum  of  $2000,  with  sufficient  surety,  satis¬ 

factory  to  the  water  committee,  before  entering  upon  the  duties  of  his  office,  con¬ 
ditioned  for  the  faithful  performance  of  the  duties  appertaining  to  his  office,  and 
that  he  will  well  and  faithfully  pay  over  to  the  treasurer  all  the  water  rents  which 
he  shall  collect  and  recover,  681 

12.  Register  and  assessor  of  the  water  works  to  receive  for  his  services  an  an¬ 

nual  salary  of  $300,  payable  quarterly,  by  warrants  to  be  drawn  by  the  mayor  on 
the  city  treasury,  682 

REGULATION  OF  THE  MARKETS. 

1.  See  Title  “Markets  and  Market  Houses,”  877-78 

2.  Persons  bringing  produce  to  markets,  in  wagons,  carts,  sleds,  &c.  to  arrange 

them  in  such  manner  along  the  curbstones,  on  each  side,  within  the  market  limits 
of  the  Liberty  street  market  house,  as  will  least  obstruct  the  passage  of  the 
street,  661 

3.  Persons  exposing  produce  for  sale  at  the  Liberty  street  market  house,  to  do 

so  in  the  same  manner,  and  under  the  same  regulations,  as  are  enjoined  upon  those 
selling  from  their  wagons,  carts,  sleds,  &c.  in  the  Diamond,  661 

4.  Ten  days  previous  public  notice  to  be  given  by  the  clerk  of  the  market,  by 

, publications  in  four  or  more  of  the  newspapers  of  the  city,  annually,  before  the  1st 
of  January,  of  the  time,  when  and  where  he  will  proceed  to  rent  the  stalls  of  the 
Diamond  market  house  to  the  highest  bidder,  662 

5.  Fine  of  two  dollars  to  be  imposed  for  every  offence,  for  obstructing  the  foot¬ 

way  in  front  of  the  court  house  and  public  offices  in  the  Diamond,  by  tables,  bench¬ 
es,  barrels,  bags,  baskets,  furniture,  or  vegetables,  662 

6.  Duty  of  the  constables  attending  upon  the  markets,  to  cause  all  obstructions 

on  the  footways  or  pavements  in  front  of  the  court  house  and  public  offices  in  the 
Diamond,  to  be  forthwith  removed,  662 

REGULATION  OF  STREETS  AND  ALLEYS. 

By  the  ordinance,  chap.  221,  passed26th  March,  J 836,  the  permanent  grade  of 
certain  streets  is  fixed,  to  wit:  Grant  street,  Smithfield  street,  Fifth  street,  Sixth 
street,  Virgin  alley,  Diamond  alley,  Diamond  street,  Wylie  street,  and  Coal 
lane,  715-16 

REGULATION  OF  WEIGHTS  AND  MEASURES. 

1.  See  act  of  assembly,  entitled  “An  act  to  fix  the  standards  of  weights  and 

measures  in  the  commonwealth  of  Pennsylvania,”  719-23 

2.  See  also,  “Uniform  Standards,”  “Weights  and  Measures,”  “Acts  of  Con¬ 
gress,”  and  note  62,  page  722,  and  note  79,  page  791 

RE-GAUGING  LIQUORS,  &c. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 


900 


INDEX. 


RELATIONS  OF  PAUPERS. 

Parents,  children  and  grand  children,  liable  for  the  support  of  their  pauper  rela- 
tions,  783 

REMOVAL  OF  PAUPERS. 

1.  Overseers  may  remove  persons  likely  to  become  chargeable,  to  the  place  of 

their  legal  settlement,  781 

2.  Overseers  to  receive  every  person  duly  removed,  and  penalty  in  each  case, 

for  refusing,  781 

RENT  OF  GAS  FIXTURES. 

See  the  terms  and  conditions  upon  which  the  public  will  be  supplied  with  gas, 
by  the  trustees  of  the  Pittsburgh  gasworks,  as  particularly  set  forth,  specified,  and 
approved  by  the  city  councils,  795-6 

RENTS  OF  STALLS. 

1.  Thirty,  thirty-five  and  forty  dollars  each,  to  be  the  minimum  rates  per  an¬ 

num  at  which  the  stalls  of  the  Diamond  market  house  shall  be  let,  after  1833,  and 
for  no  less,  662 

2.  Rents  of  the  stalls  in  the  Diamond  market  house  to  be  increased,  after  1833, 

at  the  rate  of  not  less  than  $30  for  any  stall;  and  for  stalls  heretofore  let  at  $18,  the 
rent  to  be  increased  to  $35,  and  for  stalls  heretofore  let  at  $22,  the  rent  to  be  in¬ 
creased  to  $40,  661-2 

3.  On  or  before  the  1st  of  January,  in  each  year,  the  stalls  in  the  Diamond 

market  house  to  be  offered  for  rent,  by  the  clerk  of  the  market,  and  the  same  to  be 
rented  to  the  highest  bidder,  for  one  year,  but  not  for  less  than  the  minimum  prices 
of  $30,  $35  and  $40,  662 

4.  Stalls  not  rented,  on  the  1st  of  January,  may  be  rented  at  any  other  time  by 

the  clerk  of  the  market,  but  not  for  less  than  the  minimum  price,  662 

5.  Clerk  of  the  market  to  advertise  in  four  or  more  of  the  newspapers  of  the 

city,  at  least  three  weeks  before  the  1st  of  January  annually,  giving  at  least  ten  days 
notice,  that  he  will  on  a  day  certain,  before  the  first  of  January,  offer  the  stalls  in 
the  Diamond  market  house  for  rent  to  the  highest  bidder,  662 

6.  Rent  of  portable  stalls,  in  the  Diamond  market  house,  occupied  by  persons 

for  exposing  to  sale  country  produce  at  second  hand,  fixed  at  $10  per  year,  or  37 £ 
cents  per  day  for  occasional  visiters,  to  be  paid  to  the  clerk  of  the  markets  for  the 
use  of  the  city,  725 

RENT  OF  WEIGH-HOUSE. 

The  rent  of  the  weigh-house  for  the  year  1835,  reduced  to  $50,  and  all  previous 
ordinances  as  to  the  rent  of  the  weigh-house  altered  and  repealed,  684 

REPORTS  AND  RECORDS. 

1.  The  viewers  to  be  appointed  by  the  court  of  quarter  sessions  of  Allegheny 

county,  to  ascertain  the  propriety  of  opening  and  extending  certain  streets  of  the 
city  of  Pittsburgh,  directed  to  make  a  report  of  their  proceedings  in  writing,  to  the 
said  court;  which  report,  if  approved  of  by  the  said  court  shall  be  entered  of  re¬ 
cord,  and  thenceforth  the  streets  so  reported  to  be  opened  and  extended,  shall  be 
deemed,  taken  and  allowed  to  be  public  streets  and  highways,  698 

2.  The  viewers  so  appointed,  to  enquire  what  damages  any  individual  or  indi¬ 

viduals  shall  or  may  sustain,  by  reason  of  the  opening  and  extending  of  said  streets 
and  highways,  and  to  make  a  fair  estimate  of  the  same;  and  also  of  the  benefits 
received  thereby,  and  assess  and  apportion  the  same  among  the  property  holders 
accordingly,  698 

3.  The  report  of  the  said  viewers,  thus  made,  to  be  filed  of  record,  in  the  said 

court,  and  if  approved  of  by  the  court,  shall  be  entered  and  recorded  at  large  upon 
the  docket  thereof ;  and  shall  bind  and  conclude  all  parties  owning  or  claiming  to 
own  the  property  adjudged  by  the  said  viewers  to  be  so  benefited  by  the  opening 
and  extending  of  said  streets  and  highways,  698 

4.  And  the  several  sums  so  assessed  and  apportioned,  to  be  and  remain  a 
lien  upon  the  property  adjacent  to  the  said  streets  and  highways  of  the  owners,  so 


INDEX. 


901 


adjudged  to  be  benefited,  &c.  until  the  same,  together  with  the  costs,  shall  have 
been  paid  or  tendered  to  the  individuals  entitled  to  receive  the  same,  699 

5.  Writs  of  scire  facias  may  issue  on  such  liens,  and  judgments  be  entered 

thereon,  and  executions  issued  to  satisfy  the  same,  to  be  levied  in  the  same  manner 
that  judgments  in  civil  actions  are  levied,  699 

6.  The  costs  accruing,  in  consequence  of  the  viewing  and  opening  of  the  said 

streets  and  highways,  to  be  regulated  in  the  same  manner  as  the  costs  of  similar  pro¬ 
ceedings  under  the  laws  of  this  commonwealth  for  making  and  repairing  of  public 
roads  and  highways  are  regulated,  699 

7.  Duty  of  the  collector  of  the  water  rents;  on  the  1st  Monday  of  August,  in 

each  and  every  year,  to  report  in  writing  to  the  assessor  and  register  of  the  water 
rents,  all  delinquents  and  defaulters  on  his  list  and  duplicate,  681 

8.  And  to  make  oath  or  affirmation,  to  be  written  on  the  said  report,  and  to  be 

signed  with  his  name  and  that  of  the  alderman  or  magistrate  by  whom  the  same 
shall  be  administered,  that  he,  the  said  collector  has  demanded  payment  of  the  said 
water  rents  from  the  persons  residing  on  the  premises,  or  owning  the  estates  charg¬ 
ed  therewith,  and  hath  not  received  the  same,  or  any  part  thereof,  681 

9.  Duly  of  the  assessor  and  register  of  the  water  works  to  make  a  report  in 
writing,  on  the  first  Monday  of  September  of  each  and  every  year,  containing  the 
name  and  residence,  with  the  rents  and  charges  due  by  each  delinquent  ordefaulter, 
which  report  or  list  shall  be  delivered  to  the  superintendent  of  the  water  works,  681 

10.  Reports  to  be  made  daily  by  the  officers  and  watchmen,  to  the  mayor,  at 

his  office,  and  at  such  other  times  as  may  be  considered  of  importance  to  the  pub¬ 
lic  peace,  712-13 

11.  Quarterly  report  to  be  made  by  the  joint  committee  of  councils,  at  the  sta¬ 

ted  meetings  in  March,  June,  September  and  December,  of  each  year,  of  the  state 
of  the  appropriation,  and  of  all  things  connected  with  the  watch,  that  they  may 
deem  important  to  the  public  interest,  712 

12.  In  case  of  increasing  the  watch,  on  any  case  of  emergency,  the  mayor  and 

joint  committee  of  the  councils  shall  make  report  to  the  ensuing  session  of  the 
councils,  stating  the  particular  necessity  for,  and  the  expenditure  made,  on  account 
of  said  increase,  714 

RESERVED  RIGHTS. 

1.  The  right  of  the  corporation  reserved,  whenever  the  councils  may  deem  it 

expedient,  at  any  time,  to  take  possession  of  the  Pittsburgh  gas  works, and  to  con¬ 
vert  the  stock  into  a  loan,  redeemable  in  20  years  after  such  conversion,  bearing  an 
Interest  of  five  per  cent,  payable  half  yearly,  on  the  first  days  of  February  and  Au¬ 
gust,  687 

2.  The  reserved  right  of  the  mayor,  aldermen,  and  citizens  of  Pittsburgh,  to 

fund  the  stock  of  the  Pittsburgh  gas  works,  and  convert  the  same  into  a  loan,  at  five 
per  cent,  suspended  for  the  term  of  fifteen  years  from  and  after  the  16th  of  May, 
1835,  690-91 

RESIDENTS. 

Residents  of  the  city,  not  householders,  to  pay  a  tax  of  $5.  for  each  and  every 
dog  kept  by  them  within  the  city,  and  for  female  dogs  $6  for  the  first,  and  $10  for 
every  one  after  the  first:  and  no  collar  to  be  put  on  any  dog  until  the  tax  for  the  cur¬ 
rent  year  shall  be  first  paid,  under  a  penalty  of  not  less  than  $10,  nor  more  than 
$20,  for  each  offence,  797 

RETURNS  OF  ELECTIONS. 

1.  The  persons  authorized  to  hold  the  city  elections,  to  meet  within  24  hours 

thereafter,  at  the  court  house  in  the  Diamond,  and  then  and  there  make  out  and 
prepare  a  regular  and  true  return  thereof,  under  their  hands  and  seals,  668 

2.  One  copy  of  the  official  returns  of  all  city  elections  to  be  given  to  the  pre¬ 

sident  of  the  select  council,  and  the  original  returns  to  be  filed  in  the  office  of  the 
clerk  of  the  city  court,  668 

3.  Councils,  in  joint  meeting,  to  examine  election  returns,  and  to  hear  all  re¬ 

monstrances  and  objections  to  the  same,  and  to  determine  and  declare  the  persons 
qualified,  having  the  greatest  number  of  votes,  to  be  legally  elected,  668 

4.  In  all  cases  where  an  election  for  city  officers  has  been  illegally  or  unfairly 


902 


INDEX, 


conducted,  or  the  number  of  legal  votes  given  may  render  the  result  doubtful,  the 
councils  shall  have  the  power  to  set  the  same  aside,  and  order  a  new  election,  giv- 
ing  notice  thereof,  as  in  the  case  of  other  special  elections,  668 

RIVERS. 

The  junction  of  the  Allegheny  and  Monongahela  rivers,  at  the  public  float, 
designated  as  a  place  of  deposit  for  all  filth,  &c.  and  no  deposit  thereof  to  be  made 
at  any  other  place  within  the  city,  under  a  penalty  of  ten  dollars  for  each  and  every 
such  offence,  663 

ROADS. 

1.  High  street  to  be  opened  and  extended  from  Coal  lane  to  the  Farmers  and 
Mechanics’  turnpike  road,  at  some  point  near  the  Fort  Pitt  glass  works,  698 

2.  When  so  opened  and  extended,  to  be  deemed,  taken  and  allowed  to  be  a 
public  street  and  highway  of  the  city  of  Pittsburgh  and  county  of  Allegheny,  698 

3.  Damages  incurred  to  private  property,  in  consequence  of  opening  and  ex¬ 

tending  the  same,  to  be  assessed  and  apportioned  among  the  property  holders  bene* 
fited  thereby,  698 

4.  Not  to  be  opened  until  the  damages  so  assessed  and  apportioned  have  been 

first  paid  or  tendered  to  the  persons  entitled  to  receive  the  same,  699 

5.  All  costs  and  charges  attending  the  viewing,  &c.  of  said  streets  and  high¬ 

ways  to  be  regulated  in  the  same  manner  as  the  costs  of  similar  proceedings  under 
the  State  laws  for  making  and  repairing  roads  in  this  commonwealth  are  regula¬ 
ted,  699 

RULES  AND  REGULATIONS. 

1.  As  soon  as  the  costs  and  damages  assessed  and  apportioned,  under  the  pro¬ 

visions  of  the  act  of  14th  April,  1836,  are  paid,  or  tendered  to  the  individuals  enti¬ 
tled  to  receive  the  same,  the  court  of  quarter  sessions  shall  order  the  said  streets 
and  highways  to  be  opened;  and  they  shall  be  subject  to  the  same  rules  and  regu¬ 
lations  as  other  streets  and  highways  in  the  city  of  Pittsburgh  and  county  of  Alle¬ 
gheny  are  subject,  699 

2.  The  mayor  and  the  joint  committee  of  the  councils,  to  devise  and  establish 
suitable  rules  and  regulations  for  the  government  of  the  permanent  city  watch,  713 

3.  The  rules  and  regulations  made  from  time  to  time  for  the  government  of 

the  watch,  to  be  read  to  the  watchmen  once  a  month  by  the  captain  of  the 
watch,  e  712 

4.  The  mayor,  in  the  absence  of  the  joint  committee  of  councils,  or  their  ina¬ 

bility  to  attend,  authorized  to  alter,  amend  or  add  to  the  existing  regulations  for  the 
management  of  the  watch,  &c.  713 

RYE  MEAL  AND  FLOUR. 

See  Title  '‘Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  loth  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

SALARIES. 

1.  Amount  of  appropriation  for  salaries  of  city  officers  &c.  for  the  year  1835, 


$5,439  50,  683 

2.  Salary  of  the  mayor,  fixed  at  eight  hundred  dollars,  per  annum,  709 

3.  Of  the  city  treasurer,  at  seven  hundred  dollars  per  annum,  709 

4.  Of  the  city  assessor,  at  one  hundred  dollars  per  annum,  709 

5.  Of  the  high  constable,  at  three  hundred  and  fifty  dollars  per  annum,  709 

6.  Of  the  four  city  constables,  at  two  hundred  dollars  each  per  annum,  709 

7.  Of  the  clerks  of  councils,  two  hundred  dollars  each  per  annum,  709 

8.  All  which  salaries  are  to  be  paid  to  the  said  officers  quarterly,  on  warrants 

drawn  by  the  mayor,  in  favor  of  the  respective  officers,  709 

9.  Salaries  of  the  Officers  and  watchmen  of  the  permanent  city  watch,  increas¬ 

ed  as  follows:  captain,  $31;  lieutenants,  $26;  and  watch,  $26,  per  month,  in  place 
of  the  former  salaries,  and  to  be  paid  monthly,  as  before  directed,  726 


INDEX. 


903 


SALTED  BEEF  AND  PORK. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  lbth^  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

SALTED  FISH. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

SANITARY  BOARD. 

1.  A  sanitary  board  to  be  organized,  consisting  of  two  members  of  the  select, 

and  three  of  the  common  council,  the  mayor,  recorder  and  three  aldermen,  accord¬ 
ing  to  the  provision  of  the  ordinance  of  25th  June,  1832,  ante,  p.  585-6,  chapter 
162,  .  659 

2.  Expenses  of  the  sanitary  board,  how  to  be  settled  and  paid,  659 

3.  Special  duties  of  the  sanitary  board,  in  order  to  prevent  the  introduction  of 

epidemic  diseases,  659 

4.  Sick  persons  to  be  provided  for,  with  nurses,  attendants,  medical  aid,  &c.  659 

5.  City  to  be  divided  into  districts,  and  suitable  assistants  to  be  appointed  for 

each  district,  659 

6.  Compensation,  per  diem,  of  the  assistants,  to  be  fixed  by  the  sanitary 

board,  659 

7.  Duty  of  the  assistants,  with  respect  to  the  existence  and  removal  of  all 

nuisances,  659 

8.  Plenary  and  discretionary  powers  vested  in  the  board,  authorizing  them  to 

do  all  lawful  acts,  to  arrest  the  progress  of  the  cholera,  &c.  660 

9.  How  and  in  what  manner  the  board  shall  be  constituted,  their  classification, 

and  continuance  in  office,  number  to  constitute  a  quorum,  &c.  660 

10.  Sanitary  board  to  keep  minutes  of  their  proceedings,  and  a  correct  ac¬ 

count  of  all  contracts  and  expenditures,  and  draw  warrants  on  the  mayor  for  the 
several  amounts  of  expenditure,  660 

11.  Duty  of  the  superintendent  of  the  water  works  to  obey  and  execute  the 

written  orders  of  the  board,  as  to  watering  and  cleansing  the  city,  660 

12.  All  citizens  to  obey  the  written  or  printed  orders  of  the  board  relative  to 

cleansing  gutters,  pavements,  and  spaces  in  front  of  their  houses  and  lots,  660 

13.  Penalty  of  five  dollars  imposed  on  all  persons  neglecting  or  refusing  to  o- 

bey  the  written  or  printed  orders  of  the  sanitary  board,  660 

14.  Duty  of  the  street  commissioner  to  obey  the  orders  of  the  board,  for  the 

prompt  removal  of  all  dirt  and  filth,  accumulating  within  the  city,  660 

15.  Duty  of  the  wharf  master,  to  examine  all  steam,  keel,  and  other  boats  and 

watercrafts,  and  make  report  from  time  to  time  in  such  manner  as  the  board  may 
direct,  660 

16.  Constables  of  the  city  to  make  daily  reports  to  the  board,  or  the  mayor,  of 
all  nuisances,  and  of  all  arrivals  of  sick  persons  within  the  bounds  of  the  city,  660 

SCHOOLS  AND  COLLEGES. 

1.  Trustees,  &c.  of  public  schools,  academies  and  colleges,  having  received 
aid  from  the  State,  directed  to  report  the  number  of  students  in  each  class,  and  to¬ 
tal  number  of  graduates,  if  any,  course  of  studies  pursued,  financial  resources,  &c. 
to  the  superintendent  of  common  schools,  to  be  by  him  laid  before  the  legislature  in 


his  annual  report,  &.o.  790 

2.  See  appendix  No.  Ill,  808 

SCHOOLS,  COMMON  AND  PUBLIC. 

1.  Amount  appropriated  for  the  support  of  common  schools  for  the  year  1835, 

deducting  $538,  for  appeals,  lost  taxes,  and  fees  of  collection,  $8,833,  684 

2.  See  appendix  No.  Ill,  808 


SCHOOL  DIRECTORS. 

See  Title  “Education  and  Common  Schools,”  and  also  the  act  of  assembly, 


904 


INDEX. 


commonly  called  the  general  school  law,  entitled  “an  act  to  consolidate  and  amend 
the  several  acts  relating  to  a  general  system  of  education  by  common  schools,” 
passed  !3thJune,  J836,  726-35 

SCHOOL  DISTRICTS. 

1.  See  appendix  No.  Ill,  808 

2.  See  also,  title  “Education  and  Common  Schools,”  and  the  act  of  assembly, 

commonly  called  the  general  school  law,  entitled  “an  act  to  consolidate  and  amend 
the  several  acts  relating  to  a  general  system  of  education  by  common  schools,”  pass¬ 
ed  1 3th  June,  1836,  726-36 

SCHOOL  TAX. 

The  State  tax  for  school  purposes,  directed  not  to  be  collected  for  the  year 
1836.  See  “Resolution  relative  to  the  collection  of  the  State  tax,”  passed  10th  of 
March,  1836;  and  notice  to  be  published  in  the  public  newspapers  of  each  county, 
&c,  789 

SCIRE  FACIAS. 

1.  After  sixty  days  previous  notice  of  the  approval  by  the  court  of  quarter  ses¬ 

sions  of  the  report  of  viewers  appointed  to  assess  and  apportion  the  damages  occa¬ 
sioned  by  the  opening  and  extension  of  certain  streets  and  highways,  under  the  act 
of  15th  April,  J835,  writs  of  scire  facias  may  be  issued  against  all  individuals  neg¬ 
lecting  or  refusing  to  pay  the  amount  of  their  several  apportionments,  699 

2.  Unless  sufficient  cause  be  shown,  the  court  of  quarter  sessions  to  proceed 

on  such  writs  of  scire  facias;  and  they  are  authorized  to  issue  execution  and  levy 
the  same,  in  the  same  manner  that  judgments  in  civil  actions  are  levied,  699 

3.  As  soon  as  the  costs  and  damages  so  assessed  and  apportioned  shall  be  ten¬ 
dered  and  paid  to  the  individuals  entitled  to  receive  the  same,  the  court  of  quarter 
sessions  shall  order  the  said  streets  and  highways  to  be  opened;  and  they  shall 
thenceforth  be  subject  to  the  same  rules  and  regulations  as  other  streets  and  high¬ 
ways  of  the  city  of  Pittsburgh,  and  county  of  Allegheny  are  by  law  subject  to,  699 

4.  The  costs  of  viewing  the  said  streets  and  highways,  for  the  purpose  of  open¬ 

ing  and  extending  the  same,  to  be  regulated  as  the  costs  of  similar  proceedings,  un¬ 
der  the  laws  of  this  commonwealth,  for  making  and  repairing  of  roads  are  regula¬ 
ted,  699 

5.  Writs  of  scire  facias,  to*be  issued  by  the  court  of  common  pleas  in  the  name 

of  the  commonwealth,  for  the  use  of  the  person  in  whose  favor  damages  may  be 
assessed,  in  consequence  of  the  opening  and  extension  of  Exchange  alley  from  St. 
Clair  to  Irwin  street,  719 

SECOND  STREET. 

1.  The  grade  of  Second  street,  from  Ross  street  to  the  eastern  boundary  of 

the  city,  to  be  altered  by  the  joint  committee  of  councils,  717 

2.  To  be  extended  from  the  city  line  so  as  to  intersect  the  street  leading  to  the 

gas  works,  in  such  manner  as  may  be  best  calculated  to  insure  the  commodious  and 
safe  conveyance  of  gas  from  the  works  into  the  city,  717 

3.  Water  committee  directed  to  lay  down  water  pipes,  along  Second  street, 

from  Ross  street  to  the  eastern  boundary  of  the  city,  and  thence  to  a  point  opposite 
the  gas  works,  717 

SECRETARY  OF  THE  COMMONWEALTH. 

1.  See  appendix  No.  Ill,  808 

2.  See  also,  title  “Education  and  Common  Schools,”  844 

3.  His  duty  to  act  as  superintendent  of  common  schools.  See  act  of  assembly, 

commonly  called  the  general  school  law,  entitled  “an  act  to  consolidate  and  amend 
the  several  acts  relating  to  a  general  system  of  education  by  common  schools,” 
passed  13th  June,  1836,  726-35 

SECRETARY  OF  TREASURY,  U.  S. 

See  “Uniform  Standards,”  “Weights  and  Measures,”  and  “Acts  of  Congress,” 
and  note  62,  page  722,  and  note  79,  page  791 


INDEX. 


905 


SECTIONS  AND  SUBDIVISIONS, 

1.  The  new  city  district  authorized  to  be  laid  out  and  located  by  the  act  of  as¬ 

sembly  of  the  16th  June,  1836,  to  be  so  surveyed,  that  no  section  shall  contain  more 
than  sixty  nor  less  than  thirty  acres,  773 

2.  Land  marks,  of  suitable  materials,  to  be  erected  or  inserted  at  suitable  points, 

within  the  new  city  district,  from  which  the  boundary  lines  of  the  said  district,  and 
the  sections,  streets,  alleys  and  squares  contained  in  the  general  plan  thereof,  may, 
at  any  time,  be  retraced  and  determined,  securing  the  same,  as  far  as  possible,  from 
injury  or  displacement,  774 

3.  Such  sections  or  subdivisions  of  the  new  city  district, as  shall  have  been  admit¬ 

ted  into  the  city  of  Pittsburgh,  according  to  the  provisions  of  the  act  of  assembly  of 
the  16th  of  June,  1836,  shall,  until  such  admission,  be  deemed  and  taken  as  parts  of 
the  district  and  township  to  which  the  same  belongs,  and  are  annexed,  or  shall  here¬ 
after  belong  and  be  annexed,  777 

SELECT  COUNCIL. 

1.  One  person  to  be  annually  elected,  from  each  ward,  as  a  member  of  the  se¬ 
lect  council,  to  serve  for  three  years,  703 

2.  Classification  of  members  of  the  select  council,  703-4 


SETTLEMENT  OF  POOR  PERSONS. 

How,  and  under  what  circumstances,  poor  persons  or  paupers  may  gain  a  set¬ 
tlement  in  any  particular  district,  so  as  to  entitle  them  to  relief,  &c.  779-80 


SEVENTH  STREET. 

The  footways  on  that  part  of  Seventh  street,  between  the  canal  bridge  and 
Coal  lane,  to  be  of  the  width  of  ten  feet,  and  no  more,  measured  from  the  line  of 
the  street  towards  the  gutter,  and  including  the  curb  stone,  674 

SHAD  AND  HERRINGS. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

SHERIFFS. 

Sheriffs  receiving  fines,  &c.  for  the  use  of  the  poor,  to  pay  the  same  over  to  the 
overseers  of  the  poor,  and  a  penalty  for  failing  so  to  do.  786 


SHINGLES  AND  TIMBER. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

SHIP  STORES. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

SICK  PERSONS. 

1.  Suitable  depots,  for  the  reception  of  sick  persons,  their  nurses  and  attend¬ 
ants,  to  be  provided  and  prepared  by  the  sanitary  board,  659 

2.  All  sick  persons  arriving  within  the  bounds  of  the  city,  to  be  daily  reported 

to  the  sanitary  board,  or  to  the  mayor,  by  the  city  constables,  660 

3.  If  any  poor  person  shall  fall  sick,  not  having  a  settlement,  and  be  relieved, 

the  expense  may  be  recovered  from  the  overseers  of  the  poor  of  the  place  where 
he  was  last  settled,  782 


SIXTH  STREET. 

1.  Sixth  street  to  be  opened  and  extended  from  Grant  street  to  Coal  lane,  ac¬ 
cording  to  the  provisions  of  the  act  of  assembly  of  the  16th  of  April,  1835,  698 


906 


INDEX. 


2.  Sixth  street,  Virgin  alley  and  Diamond  alley,  to  be  each  of  them  graded, 
from  Grant  street,  a  uniform  descent  to  Smithfield  street,  716 

SLAVES  AND  SERVANTS. 

1.  Every  person  bringing  any  black  or  mulatto  servant  into  this  city,  to  be  lia¬ 
ble  for  his  support,  & c.  783 

2.  Owners  of  negro  slaves  to  be  at  all  times  liable  for  their  support  and  main¬ 
tenance,  783 

SMITHFIELD  STREET. 

1.  Smithfield  street,  at  its  intersection  with  Fifth  street,  to  be  raised  four 
feet  above  the  present  surface,  and  from  thence  to  be  graded  a  uniform  descent, 
southwardly, to  Diamond  alley,  and  northwardly  a  uniform  grade  to  Virgin  alley,  715 

2.  A  culvert,  of  not  less  than  three  feet  in  diameter,  to  be  placed  at  Smith- 
field  street,  according  to  a  diagram  filed  in  the  office  of  the  recording  regulator,  724 

SOLICITOR  OF  THE  CITY. 

1.  His  duty  to  proceed  and  recover,  according  to  law,  upon  the  information  of 

the  mayor  or  any  of  the  aldermen  of  the  city,  all  such  fines  and  penalties  as  may 
be  imposed  on  persons  violating  the  provisions  of  the  ordinance  passed  on  the  29th 
September,  1834,  673 

2.  Solicitor  of  the  city,  together  with  the  mayor  and  recorder,  to  approve  of 

the  bond  of  the  city  treasurer  in  the  sum  of  $20,000,  conditioned  for  the  faithful 
performance  of  the  duties  of  his  office,  706 

SOUR  AND  DAMAGED  FLOUR. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

SOUTH  WARD. 

1.  All  general  and  city  elections,  within  the  bounds  of  the  South  Ward  of  the 

city,  to  be  held  at  the  house  of  William  Alexander,  corner  of  Smithfield  and  Third 
streets,  664 

2.  The  boundaries  of  the  South  Ward  hereafter  to  be  as  follows:  beginning  at 

the  foot  of  Wood  street,  on  the  Monongahela  river,  thence  up  the  middle  of  Wood 
street  to  the  middle  of  Diamond  alley,  thence  along  Diamond  alley  to  the  mid¬ 
dle  of  Smithfield  street,  thence  down  Smithfield  street  to  the  middle  of  Fourth 
street,  thence  along  the  middle  of  Fourth  street,  and  up  the  Farmers  and  Mechanics' 
turnpike  road  to  the  city  line,  thence  by  the  same  to  the  Monongahela  river,  and 
thence  down  the  Monongahela  river  to  the  place  of  beginning,  667 

3.  The  general  and  city  elections,  for  the  South  Wardoi  the  city,  to  be  held  at 

the  house  of  William  Alexander,  corner  of  Smithfield  and  Third  streets,  705 

4.  So  much  of  the  city,  beginning  at  the  foot  of  Wood  street,  on  the  Monon¬ 

gahela  river,  thence  up  the  middle  of  Wood  street  to  Diamond  alley,  thence 
along  the  middle  of  Diamond  alley  to  the  Farmers  and  Mechanics’  turnpike  road, 
thence  along  the  said  road  to  the  city  line,  thence  by  the  same  to  the  Monongahela 
river,  and  thence  down  the  said  river  to  the  place  of  beginning,  to  constitute  the 
boundaries  of  the  South  Ward ,  714-5 

5.  The  place  for  holding  the  general  and  city  elections  for  the  South  Ward  of 

the  city,  altered,  and  fixed  at  the  house  now  occupied  by  Wm.  J.  Lyon,  corner  of 
Third  and  Grant  streets,  794 

SPECIAL  ELECTIONS. 

In  all  cases  where  an  election  for  city  officer?,  &c.  has  been  illegally  or  unfair¬ 
ly  conducted,  or  the  number  of  legal  votes  given  may  render  the  result  doubtful, 
the  councils  shall  have  power  to  set  the  same  aside,  and  order  a  new  election,  giv¬ 
ing  notice  thereof,  as  in  the  case  of  other  special  elections,  668 

SPECIAL  TAXES. 

County  commissioners  to  cause  to  be  levied  and  collected  on  the  real  property 
within  the  bounds  of  the  city  district,  a  special  tax,  sufficient  in  amount  to  re-imburse 


INDEX. 


907 


all  the  several  sums  paid  out  of  the  county  treasury  for  viewing,  laying  out  and  sur¬ 
veying  the  new  city  district,  according  to  the  several  provisions  of  the  act  of  assem¬ 
bly  of  the  16th  of  June,  1836,  775 

SPIRITS  AND  WHISKEY. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

STAGE  DRIVERS. 

1.  See  act  of  assembly,  entitled  “an  act  for  the  prevention  of  injuries  to  indi¬ 

viduals,  by  the  gross  negligence,  or  wilful  misconduct  of  stage  drivers  and  others,” 
passed  1st  of  April.  1836,  788 

2.  Persons  injured  either  in  person  or  property,  by  the  gross  negligence  or  wil¬ 

ful  misconduct  of  the  driver  of  any  public  stage,  mail  coach,  coachee,  carriage  or 
car,  employed  for  the  conveyance  of  passengers,  such  drivers  shall  be  liable  to  in¬ 
dictment  for  a  misdemeanor,  and  on  conviction,  be  punished  by  a  fine  of  not  more 
than  $50  and  imprisonment  not  exceeding  six  months,  at  the  discretion  of  the 
court,  788 

3.  Same  fine  and  imprisonment  imposed  for  gross  negligence  or  wilful  miscon¬ 

duct,  on  the  part  of  any  engineer  or  conductor  of  any  locomotive  engine,  engaged 
in  the  transportation  of  passengers,  or  goods,  wares,  merchandise  or  produce  of  any 
kind,  788 

4.  Such  indictments  to  be  preferred  in  the  courts  of  the  county  in  which  the 

offence  was  committed,  and  the  imprisonment  to  be  in  the  common  jail  of  such 
county,  788 

5.  Such  convictions  not  to  interfere  with  the  civil  remedies  against  the  propri¬ 
etors  or  others,  to  which  the  party  injured  may  be  already  entitled,  788 

STALL  RENTS. 

1.  The  annual  rents  of  the  stalls  in  the  Diamond  market  house  to  be  increas¬ 

ed,  after  1833;  no  stall  to  be  rented  for  less  than  $30;  and  for  stalls  heretofore  rent¬ 
ed  at  $18,  the  rent  to  be  increased  to  $35;  and  for  all  stalls  heretofore  rented  at 
$32,  the  rent  to  be  increased  to  $40,  661-2 

2.  Ten  days  previous  public  notice  to  be  given  by  the  clerk  of  the  market,  by 

publication  in  four  or  more  of  the  newspapers  of  the  city,  annually,  before  the  1st 
of  January,  of  the  time  and  place  when  and  where  he  will  proceed  to  rent  the  stalls 
of  the  Diamond  market  house  to  the  highest  bidder,  662 

3.  Rents  of  stalls  in  the  Diamond  market  house,  increased  after  the  year  1836; 

the  rents  to  be  paid  in  advance;  but  present  occupants  to  have  a  preference  in  the 
renting  of  said  stalls,  792 

STANDARD  PROOF  OF  LIQUORS. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly  entitled  “an  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

STANDARDS  OF  WEIGHT  AND  MEASURE. 

1.  Positive  standards  of  measures  of  length,  of  capacity,  and  of  weight,  to  be 

procured  by  the  governor,  within  three  years  from  the  15th  of  April,  1834,  and  to 
have  the  same  inclosed  in  suitable  cases  and  deposited  in  the  office  of  the  secretary 
of  State  for  safe  keeping,  720 

2.  Duty  of  the  governor  to  furnish,  within  the  said  time,  the  commissioners  of 

each  county  with  accurate  copies  of  such  standards  of  length,  capacity  and  weight, 
made  of  the  same  materials  as  the  State  standards,  and  duly  stamped;  to  be  kept  by 
the  county  commissioners  respectively,  and  used  as  standards  for  the  adjusting  of 
weights  and  measures,  and  for  no  other  purpose,  721 

3.  For  the  standard  weight  of  grain  of  all  descriptions  and  of  foreign  salt,  see 

ante,  p.  43,  and  index,  ante ,  p.  507,  791 

4  For  the  computed  weight  of  all  produce  transported  by  the  canals,  as  estab¬ 
lished  by  the  board  of  canal  commissioners,  see  note  72,  791 


908 


INDEX. 


STATE  TAX. 

The  State  tax  for  the  year  1836,  directed  not  to  be  collected  for  school  purpo¬ 
ses,  &c.  See  “Resolution  relative  to  the  collection  of  the  State  tax,”  passed  10th 
of  March,  1836;  and  notice  to  be  published  in  the  public  newspapers  of  each  coun¬ 
ty,  &c.  789 

STATE  TREASURER. 

See  “Education  and  Common  Schools,”  and  also,  the  act  of  assembly,  com¬ 
monly  called  the  general  school  law,  entitled  “an  act  to  consolidate  and  amend  the 
several  acts  relating  to  a  general  system  of  education  by  common  schools,”  passed 
14th  June,  1836,  726-35 

STEAM  BOATS. 

All  steam  boats  to  be  examined  by  the  wharf  master,  on  theirarrival  in  the  city, 
and  to  be  reported  to  the  sanitary  board  or  the  mayor,  by  the  wharf  master,  in  such 
manner  as  may  be  required,  660 

STOP  COCK  BOXES. 

1.  The  duty  of  the  superintendent  of  the  water  works  to  procure,  under  the  di¬ 

rection  of  the  water  committee,  an  iron  stop  cock  box,  and  keep  the  same  at  his  office 
at  the  city  water  works,  as  a  model,  from  which  all  stop  cock  boxes  shall  hereafter 
be  made,  794 

2.  All  stop  cock  boxes  hereinafter  to  be  placed  in  any  of  the  streets,  alleys  or 

squares  of  the  city,  to  be  made  and  constructed  after  such  model,  794 

3.  If  any  person  shall  neglect  or  refuse  to  provide  and  place  such  box,  or  shall 

use  a  different  model,  he  shall  forfeit  and  pay  for  every  such  offence  the  sum  of  ten 
dollars,  794 

STREETS  AND  ALLEYS. 

1.  A  fine  or  penalty  of  ten  dollars,  to  be  recovered  before  the  mayor  or  any 

of  the  aldermen  of  the  city,  imposed  on  all  persons  exposing  for  sale  any  carriage  or 
carriages,  horses,  cattle,  or  animals  of  any  description,  in  or  upon  any  of  the  public 
squares,  streets,  lanes  or  alleys  of  the  city,  690 

2.  A  bridge  authorized  to  be  built  by  Harmar  Denny,  across  the  Pennsylvania 

canal,  at  or  near  Washington  street,  in  Pittsburgh,  of  such  form  and  dimensions  as 
maybe  prescribed  or  approved  of  by  the  canal  commissioners,  or  by  the  chief  en¬ 
gineer  of  the  western  division  of  the  Pennsylvania  canal,  696 

3.  The  city  corporation  not  to  incur  any  liabilities  for  the  construction,  repair, 

or  preservation  of  the  said  bridge,  696 

4.  The  western  abutment  of  the  said  bridge  to  be  constructed  in  such  form  and 

of  such  grade  as  shall  be  directed  by  the  recording  regulator  of  the  city,  696 

5.  The  3d,  4th,  5th  and  6th  sects,  of  the  act  of  assembly,  {ante,  p.  606-7,)  enti¬ 

tled  “an  act  relative  to  certain  streets,  alleys  and  public  landings,”  in  the  county  of 
Philadelphia,  and  for  other  purposes,”  passed  6th  April,  1833,  extended,  and  to  be 
put  in  full  force  and  authority  for  the  opening  of  Exchange  alley  from  Hand  street 
to  Irwin’s  alley,  20  feet  wide,  697-8 

6  in  opening  said  alley,  so  much  of  it  as  is  at  present  occupied  by  the  brick 
buildings  of  A.  L.  Kerr,  and  N.  W.  Prestly,  to  be  excepted,  so  long  as  the  said 
buildings  stand,  698 

7.  Court  of  quarter  sessions  of  Allegheny  county,  on  being  petitioned,  authori¬ 

zed  to  grant  a  view  for  the  purpose  of  ascertaining  the  propriety  of  opening  Sixth 
street  from  Grant  street  to  Coal  lane,  698 

8.  Also,  for  opening  Wylie  street  to  Grant  street,  or  some  other  street  within 
said  city,  to  be  designated  by  the  viewers  to  be  appointed  by  the  said  court,  698 

9.  Also,  for  opening  High  street,  from  Coal  lane  to  the  Farmers  and  Mechanics’ 

turnpike  road,  at  some  point  near  the  Fort  Pitt  glass  works,  698 

10.  Court  of  quarter  sessions,  in  open  court,  to  order  and  appoint  nine  discreet 

and  disinterested  freeholders,  who,  after  being  sworn  or  affirmed,  shall,  together  with 
the  county  commissioners  of  Allegheny  county,  for  the  time  being,  or  a  majority 
of  them,  view  the  ground  proposed  to  be  opened  for  the  said  streets,  698 

11.  If  the  said  viewers,  or  any  ten  of  them,  view  the  said  ground,  and  any  se- 


INDEX. 


909 


ven  of  them,  including  one  or  more  of  the  county  commissioners,  agree  that  there 
is  occasion  for  the  said  streets  to  be  opened,  they  shall  proceed  to  lay  out  the  same, 
as  agreeably  to  the  prayer  of  the  petitioners  as  may  be,  698 

12.  The  said  streets  to  be  laid  out  in  such  a  manner  as  to  do  the  least  injury  to 

private  property;  and  the  said  viewers  to  make  their  report  thereof  to  the  next  court 
of  quarter  sessions,  698 

13.  If  the  said  court  approve  the  same,  the  report  of  the  viewers  shall  be  en¬ 

tered  on  record,  and  shall  thenceforth  be  deemed,  taken  and  allowed  to  be  public 
streets  and  highways,  698 

14.  But  no  order  for  opening  the  said  streets,  shall  be  granted  by  the  said  court, 

until  compensation  shall  be  first  made  or  tendered  to  the  owners  of  the  ground  or 
property  injured  by  the  opening  and  extending  of  the  said  streets,  698 

15.  When  the  said  viewers  meet,  they,  or  any  seven  of  them,  shall  inquire 

what  damages  any  individual  or  individuals  shall  or  may  sustain  by  opening  and 
extending  the  said  streets  and  highways,  and  shall  make  a  fair  estimate  of  the 
same,  698 

16.  The  said  viewers  shall  also  inquire  to  whom  the  opening  of  the  said  streets 

and  highways  shall  be  a  benefit,  and  shall  apportion  and  assess  the  damages  so  found, 
upon  and  among  the  individuals  so  benefited,  fairly  and  equitably  in  proportion  to 
the  benefit  received  therefrom,  and  the  value  of  their  property  adjacent  to  the  said 
streets  and  highways,  698 

17.  The  said  viewers  shall  file  their  said  apportionment  and  assessment  in  the 
said  court  of  quarter  sessions,  and  on  the  same  being  approved  of  by  the  said  court, 
it  shall  be  entered  and  recorded  at  large  upon  the  docket  thereof,  and  shall  bind 
and  conclude  all  parties  owning,  or  claiming  to  own,  the  property  adjudged  by  the 
said  viewers  to  be  so  benefited  by  the  opening  of  the  said  streets  and  highways,  698 

18.  The  sums  so  assessed  and  apportioned,  by  the  said  viewers,  to  be  and  re¬ 

main  a  lien  upon  the  property  adjacent  to  the  said  streets  and  highways  of  the  own¬ 
ers  so  adjudged  to  be  benefited,  by  the  opening  of  the  said  streets,  until  the  same, 
together  with  the  costs,  shall  have  been  paid  or  tendered  to  the  individual  or  indi¬ 
viduals  entitled  to  receive  the  same,  698-99 

19.  If  any  individual  or  individuals,  assessed  as  aforesaid,  shall  neglect  or  re¬ 

fuse,  after  sixty  days  notice  of  the  approval  by  the  said  court,  and  a  demand  made, 
to  pay  the  sum  assessed  and  apportioned  to  be  paid  by  him,  legal  proceedings  may 
be  instituted  to  compel  the  payment  thereof,  699 

20.  In  cases  of  such  refusal  or  neglect,  the  said  court  of  quarter  sessions  may, 

at  any  time  after  the  expiration  of  the  said  sixty  days,  issue  a  scire  facias,  in  the 
name  of  the  commonwealth,  for  the  use  of  the  individual  or  individuals,  who  shall, 
after  the  notice  aforesaid  neglect  orrefuse  to  pay  the  sum  assessed  and  apportioned 
upon  him,  699 

21.  Such  scire  facias,  &c.  to  be  issued,  shall  command  the  person  or  persons 

against  whom  the  same  is  issued,  to  appear  before  the  said  court  on  a  day  certain, 
therein  to  be  named,  to  show  cause  why  the  said  amount,  so  assessed  and  appor¬ 
tioned  against  him  or  them,  should  not  be  levied  of  his  goods  and  chattels,  lands 
and  tenements,  with  the  costs  thereof,  699 

22.  By  the  ordinance,  Chap.  221,  passed  26th  March,  1836,  the  permanent 

grade  of  certain  streets,  alleys  and  lanes  is  fixed,  viz:  Grant  street,  Smithfield  street. 
Fifth  street,  Sixth  street,  Virgin  alley,  Diamond  alley,  Diamond  street,  Wylie  street, 
and  Coal  lane,  715-16 

23.  All  the  streets  and  alleys  that  cross  and  intersect  the  streets  and  alleys  so 

declared  to  be  permanently  graded,  to  be  hereafter  graded  so  as  to  conform  with 
the  several  grades  mentioned  in  the  said  ordinance,  716 

24.  Exchange  alley  to  be  opened  through  the  block  of  lots  on  Liberty  and 

Penn  streets,  from  St.  Clair  street  to  Irwin  street,  16  feet  wide,  according  to  the 
terms  and  conditions  set  forth  in  the  act  of  assembly  of  the  11th  April,  1835,  719 

STREETS  AND  HIGHWAYS. 

1.  In  laying  the  pipes  for  the  Pittsburgh  gas  works,  the  same  not  to  pass  through 

private  property;  and  the  like  precautions  to  be  taken  in  opening  and  closing  up  the 
highways  as  are  or  may  be  enjoined  in  reference  to  the  opening  and  closing  up  the 
streets  of  the  city,  ~  716 

2.  City  councils  authorized  and  empowered  to  lay  out,  open,  extend  and  wi- 


910 


INDEX. 


den  such  street  or  streets  as  they  may  deem  necessary  and  convenient  to  commu¬ 
nicate  between  the  public  streets  and  the  Pittsburgh  gas  works,  717 

3.  Such  streets,  from  the  time  the  same  may  be  declared  and  ordered  by  the 

councils  to  be  opened,  extended  or  widened,  to  be  forever  after  deemed,  adjudged 
and  taken  as  public  highways,  and  subject  to  the  same  regulation  and  police  as 
other  streets  and  highways  of  the  city,  717 

4.  The  owner  or  owners  of  any  ground  through  which  any  such  street  or  streets 

shall  be  opened,  extended  or  widened,  to  lead  to  the  Pittsburgh  gas  works,  may 
proceed  in  the  same  manner  to  obtain  indemnification  for  any  injury  he  or  they  sus¬ 
tain  thereby,  as  is  directed  by  the  several  acts  in  force,  and  providing  for  the  open- 
i  ng  of  public  roads  in  this  commonwealth,  717 

STREET  COMMISSIONER. 

1.  Street  commissioner  to  obey  and  execute  the  written  orders  of  the  sanitary 
board,  for  the  prompt  removal  of  all  dirt  and  filth  from  places  where  it  may  accumu¬ 
late,  and  place  the  same  where  it  will  not  be  injurious  to  the  city  water  works,  660 

2.  Street  commissioner  directed  forthwith  to  cause  to  be  torn  down  and  car¬ 

ried  away,  the  market  house  now  being  in  Liberty  street,  between  St.  Clair  street 
and  Cecil’s  alley,  689 

3.  Street  commissioner  authorized  and  directed  to  sell  the  materials  of  the  Li¬ 
berty  street  market  house,  for  the  best  price  that  can  be  had  for  the  same,  689 

4.  Directed  to  pay  the  proceeds  of  such  sale  into  the  city  treasury,  after  de¬ 
ducting  the  expenses  of  tearing  down  and  removing  the  said  market  house,  689 

5.  Iiis  duty  to  grant  permits  in  writing  to  persons,  authorizing  them  to  cleanse 

and  purify  foul  and  offensive  vaults  and  privies,  between  the  first  days  of  May  and 
November,  if  he  deem  the  same  advisable,  673 

6.  His  duty  to  cause  all  nuisances  arising  from  foul  and  offensive  vaults  and 

privies  to  be  forthwith  abated,  under  the  directions  of  the  mayor,  or  his  own  super¬ 
intendence,  673 

7.  The  third  section  of  the  ordinance  of  the  31st  of  December,  1832,  provi¬ 

ding  for  the  appointment  of  an  additional  street  commissioner,  for  the  purpose  of 
facilitating  the  cleansing  of  the  streets,  repealed,  673 

8.  Duty  of  the  Street  commissioner  to  procure  a  float,  to  be  placed  at  the  junc¬ 

tion  of  the  Allegheny  and  Monongahela  rivers,  to  facilitate  the  emptying  of  carts 
loaded  with  filth,  &c.  into  deep  water,  662-3 

9.  The  float  to  be  of  a  sufficient  length  and  breadth  to  admit  of  a  cart  and  horse 

turning  on  the  same,  and  to  be  moored  with  a  chain  cable  to  the  shore,  663 

10.  Duty  of  the  street  commissioner  to  give  public  notice,  by  at  least  one  pub¬ 

lication  in  each  of  the  newspapers  of  the  city,  that  such  float  is  prepared,  and  is  the 
only  place  of  deposit  for  filth,  &c.  663 

11.  A  fine  of  ten  dollars  imposed  for  every  offence,  upon  all  persons  deposi¬ 
ting  filth,  &c.  at  any  place  within  the  city,  other  than  at  the  public  float,  663 

SUMMARY  CONVICTIONS. 

1.  Mayor  and  aldermen  authorized  to  recover,  either  summarily  by  conviction, 

or  by  penal  action,  any  fines  and  forfeitures  imposed  for  the  violation  of  any  of  the 
provisions  of  any  of  the  city  ordinances,  &c.  700 

2.  Persons  summarily  convicted,  or  against  whom  judgment  may  be  rendered, 

in  any  penal  action  of  debt,  at  the  suit  of  the  mayor,  aldermen  and  citizens  of 
Pittsburgh,  before  the  mayor  or  any  of  the  aldermen,  may  appeal  from  such  con¬ 
viction  or  judgment,  within  ten  days  thereafter,  on  entering  bail  or  security,  ap¬ 
proved  of  by  the  mayor  or  alderman  before  wdiom  the  said  proceedings  are 
had,  .  .  699-700 

3.  Aldermen  and  justices  of  the  peace,  of  every  city,  incorporated  township 
or  borough,  in  this  commonwealth,  to  have  full  power  and  authority,  to  hear  and 
determine  all  actions  of  debt,  for  penalty,  for  the  breach  of  any  ordinance,  by-law, 
or  regulation  of  such  city,  borough,  or  township,  in  the  same  manner,  and  subject 
to  the  same  right  of  appeal ,  as  in  cases  of  debts  under  $100;  and  all  such  actions 
shall  be  instituted  in  the  corporate  name  of  such  city,  borough,  or  township,  699-700 

4.  A  penalty  of  five  dollars  to  be  imposed  on  any  person  riding,  driving,  or 
leading  any  horse  or  otheranimal  within  the  space  enclosed  by  chains,  in  the  Dia- 


INDEX. 


911 


mond  market  house,  on  market  days,  between  the  hours  of  six  and  ten  o’clock, 
A.  M.  702 

5.  The  fine  or  penalty  of  five  dollars,  imposed  on  persons  for  riding,  driving, 

or  leading  any  horse  or  other  animal,  within  the  space  enclosed  by  chains,  at  the 
Diamond  market  house,  on  market  days,  between  the  hours  of  6  and  10  o’clock, 
A.  M.  to  be  collected  by  the  mayor  or  any  of  the  aldermen,  either  by  summary 
conviction,  or  action  of  debt,  702 

6.  A  penalty  or  fine  of  not  less  than  $5,  nor  more  than  $40,  at  the  discretion  of 

the  mayor,  to  be  imposed  on  the  officers  of  the  watch,  on  conviction  before  the 
mayor  of  official  misconduct,  714 

7.  A  penalty,  or  fine  of  not  less  than  two,  nor  more  than  $10,  at  the  discretion 

of  the  mayor,  to  be  imposed  on  the  watchmen,  on  conviction  before  the  mayor  of 
official  misconduct,  714 

8.  A  penalty  not  exceeding  ten  dollars,  or  an  imprisonment  not  exceeding  ten 

days,  at  the  discretion  of  the  mayor,  to  be  imposed  on  any  person,  convicted  before 
him  of  mimicking  the  watch,  or  of  insulting  them  in  the  discharge  of  their  du¬ 
ties,  714 

9.  Full  power  vested  in  the  mayor  and  aldermen  of  the  city,  in  cases  of  con¬ 
viction,  under  any  of  the  city  ordinances  which  impose  a  fixed  penalty,  to  fine  from 
one  dollar  up  to  the  sum  or  sums  so  fixed,  as  the  equity  of  the  case  may  require,  725 

10.  See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an 

act  relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

11.  For  relieving  poor  persons  without  the  certificate  of  two  magistrates,  the 
overseer  so  relieving,  to  forfeit  a  sum  equal  to  the  amount  or  value  given,  779 

12.  Housekeepers  failing  to  give  notice  to  the  overseers  of  the  poor  of  the  ar¬ 

rival  of  paupers,  &c.  to  be  held  answerable  for  their  maintenance,  support,  doctor’s 
bills,  personal  expenses,  &c.  780 

13.  Penalty  of  twenty  dollars  imposed  on  any  overseer  of  the  poor  who  shall 

refuse  to  receive  a  pauper,  duly  ordered  to  be  removed  to  his  district,  781 

14.  Penalty  of  twenty  five  dollars  to  be  imposed  on  any  person  bringing  a 

pauper  into  this  State,  from  any  place  out  of  this  commonwealth,  783 

15.  Certain  described  persons  declared  liable  to  the  penalties  imposed  on  va¬ 
grants,  784 

16.  Penalty  to  be  imposed  on  magistrates,  neglecting  or  refusing  to  make  a  re¬ 

cord  of  such  fines,  &c.  as  they  may  receive  for  the  use  of  the  poor,  and  delivering 
transcripts  thereof  to  the  proper  constables,  785-6 

17.  Penalty  to  be  imposed  on  sheriffs  for  neglecting  to  pay  over  such  fines  as 
they  may  receive  for  the  use  of  the  poor,  on  demand  by  the  proper  officer,  786 

18.  Penalty  of  not  exceeding  $100  to  be  imposed  on  such  overseers  of  the 
poor,  as  neglect  or  refuse  to  perform  the  duties  enjoined  on  them  by  law,  787 

19.  How  penalties,  incurred  under  the  poor  laws  shall  be  recovered,  787 

20.  If  any  person  shall  neglect  or  refuse  to  provide  and  place  stop-cock  boxes, 

made  after  the  model  to  be  kept  by  the  superintendent  of  the  water  works,  in  his 
office,  at  the  water  works,  or  shall  use  a  different  model,  such  person,  so  offending, 
shall,  for  every  such  offence,  forfeit  and  pay  the  sum  of  ten  dollars,  794 

21.  A  penalty  of  not  less  than  $10,  nor  more  than  $20,  to  be  imposed  on  any 

person  who  shall  put  on  a  collar  on  any  dog.  or  bitch,  without  having  first  paid  the 
city  taxes  therefor,  for  the  current  year,  as  assessed  by  the  assessor  of  the  dog 
tax,  797 

SUPERFICIAL  MEASURES. 

The  positive  standards  of  all  superficial  measures,  fixed  and  dertermined  by 
act  of  assembly,  721 

SUPERINTENDENT  OF  COMMON  SCHOOLS. 

Trustees,  &c.  of  all  public  schools,  academies  and  colleges,  having  received 
aid  from  the  State,  directed  to  report  the  number  of  students  in  each  class,  and  to¬ 
tal  number  of  graduates,  if  any,  course  of  studies  pursued,  financial  resources,  &c. 
to  the  superintendent  of  common  schools,  to  be  by  him  laid  before  the  legislature, 
in  his  annual  report,  &c.  798 


912 


INDEX. 


SUPERINTENDENT  OF  THE  WATER  WORKS. 

1.  Duty  of  the  assessor  and  register  of  the  water  rents,  to  make  a  report,  in 

writing,  on  the  first  Monday  of  September,  of  each  and  every  year,  containing  the 
name  and  residence,  with  the  rents  and  charges  due  by  each  delinquent  or  de¬ 
faulter,  681 

2.  Said  list  of  delinquents  or  defaulters  to  be  delivered  by  the  register,  &c.  to 

the  superintendent  of  the  water  works,  681 

3.  Duty  of  the  superintendent  of  the  water  works  on  receiving  the  report  of 

delinquents,  from  the  register,  &c.  to  forthwith  cause  the  ferules  of  all  such  delin¬ 
quents  and  defaulters  to  be  detached  from  the  pipe  of  conduit,  unless  the  amount 
of  the  rent  due  be  paid  to  him,  which  he  is  authorized  to  receive  and  pay  over  to 
the  register  of  the  water  rents,  681 

4.  The  superintendent  of  the  water  works  to  be  allowed  for  his  services,  as  by 

law  required  of  him,  a  yearly  salary  of  $1200,  payable  quarterly,  as  other  city  offi¬ 
cers  are  paid,  and  to  have  a  house  and  fuel  furnished  him  at  the  waterworks,  with¬ 
out  charge  therefor,  682 

5.  Superintendent  of  the  water  works  to  employ  a  trusty  and  skilful  engineer 

for  the  water  works,  at  such  annual  or  per  diem  salary  as  may  be  agreed  for,  whose 
services  shall  be  paid  for  by  the  superintendent  out  of  the  yearly  salary  allowed 
him,  of  $1200,  682 

C.  Duty  of  the  superintendent  of  the  water  works,  to  obey  and  execute  the 
written  orders  of  the  sanitary  board,  relative  to  the  management  of  the  water,  for 
cleansing  and  purifying  the  city,  660 

7.  His  duty  to  procure,  under  the  direction  of  the  water  committee,  an  iron 
stop  cock  box,  and  keep  the  same  in  his  office,  at  the  works,  as  a  model,  from  which 
all  stop  cock  boxes  shall  hereafter  be  made  and  constructed,  794 

SUPPLIES  OF  GAS. 

Terms  and  conditions  upon  which  the  public  will  be  supplied  with  gas,  by  the 
trustees  of  the  Pittsburgh  gas  works,  as  particularly  set  forth,  specified,  and  appro¬ 
ved  by  the  city  councils,  795-6 

SUPPORT  OF  THE  POOR. 

1.  See  act  of  assembly,  entitled  “an  act  relating  to  the  support  and  employ¬ 
ment  of  the  poor,”  passed  13th  of  June,  1836,  page  778  to  788 

2.  See  also,  title  “Overseers  of  the  Poor,” 

SUPREME  COURT. 

Parties  dissatisfied  with  the  trial  of  any  civil  or  criminal  case,  in  the  district 
court  of  Allegheny  county,  wherein  the  city  of  Pittsburgh  is  directly  or  indirectly 
interested,  may  appeal  to  the  supreme  court,  on  entering  into  recognizances,  &c. 
according  to  the  special  directions  of  the  act  of  assembly  of  the  16th  of  June, 
1836,  778 

SURETIES. 

The  official  bond  of  the  city  treasurer,  to  be  taken  in  the  sum  of  $20,000,  with 
two  or  more  sufficient  sureties,  to  be  approved  of  by  the  mayor,  recorder,  and  city 
solicitor,  conditioned  for  thefaithful  performance  of  the  duties  of  his  office,  706 

SURVEYORS. 

Viewers  of  the  new  city  district  authorized  to  appoint  an  able  and  competent 
surveyor,  to  make  a  subdivision  of  the  new  city  district  into  sections,  and  to  lay  out 
a  general  plan  of  the  same,  with  the  necessary  streets,  lanes,  alleys,  &c.  774 

TAXABLE  INHABITANTS. 

1.  In  the  division  of  the  city  into  four  wards,  according  to  the  provisions  of 
the  act  of  assembly  of  the  26th  December,  1833,  the  number  of  taxable  inhabitants 
of  each  ward  of  the  city,  to  be  as  nearly  equal  as  may  be, 

TAXES. 

1.  Assessment  and  appropriation  of  the  city  taxes  for  the  year  1836, 


709 


INDEX. 


913 


2.  County  commissioners  to  cause  to  be  levied  and  collected,  on  the  real  pro¬ 
perty  within  the  new  city  district,  a  special  tax,  sufficient  in  amount  to  reimburse 
the  sums  paid  out  of  the  county  treasury  for  viewing,  laying  out  and  surveying  the 
new  districts,  according  to  the  provisions  of  the  act  of  assembly  of  the  16th  of 
June,  1836,  775 

TAXES  ON  DOGS. 

1.  Householders  owning  dogs,  to  pay  a  tax  of  $2  for  the  first,  and  $4  for  each 

and  every  dog  beyond  the  first;  and  no  collar  to  be  put  on  any  dog  until  the  tax 
for  the  current  year  has  been  first  paid,  under  a  penalty  of  not  less  than  $10,  nor 
more  than  $20,  for  each  offence,  797 

2.  Residents,  not  householders,  to  pay  $5,  for  each  and  every  dog  kept  by  them 

within  the  city,  797 

3.  For  keeping  female  dogs,  the  tax  to  be  $6,  for  the  first,  and  $10  for  every 

one  after  the  first,  797 

TAXES  FOR  SCHOOLS. 

1.  See  appendix.  No.  III.  808 

2.  See  title,  “Education  and  Common  Schools,”  and  the  act  of  assembly, 

commonly  called  the  general  school  law,  entitled,  “An  act  to  consolidate  and 
amend  the  several  acts  relating  to  a  general  system  of  education  by  common 
schools,”  passed  13th  June,  1836,  726-35 

TIMBER  AND  SHINGLES. 

See  title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled,  “An  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

TIME  OF  HOLDING  ELECTIONS. 

All  elections  for  members  of  the  select  and  common  councils  of  the  city,  and 
for  mayor,  to  be  held  annually  on  the  second  Tuesday  of  January,  703 

TOBACCO. 

See  title  “  Inspection  of  Produce,”  and  also  act  of  assembly,  entitled,  “An  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

TOLLS  AND  WHARFAGE. 

City  councils  authorized  to  lay  and  collect  such  fees,  tolls  and  duties,  in  the 
nature  of  wharfage,  for  the  use  of  the  public  landings  on  the  Allegheny  river,  as  they 
may  deem  just  and  necessary;  and  to  exercise  the  same  power  and  authority  over 
the  same  as  they  may  or  can  by  law  exercise  over  the  other  public  streets  and  land¬ 
ings  within  the  city,  771 

TOWNSHIPS. 

If  the  last  place  of  settlement  of  any  poor  person,  who  shall  have  become  charge¬ 
able,  shall  be  in  any  township  which  shall  have  been  divided  according  to  law, 
such  person  shall  be  supported  by  that  township  within  the  territory  of  which  he 
or  she  resided  at  the  time  of  gaining  such  settlement,  780 

TOWNSHIP  SCHOOLS. 

1.  See  appendix,  No.  III.  808 

2.  See,  also,  title  “Education  and  Common  Schools,”  and  also  the  act  of  as¬ 

sembly  commonly  called  the  general  school  law,  entitled,  “An  act  to  consolidate 
and  amend  the  several  acts  relating  to  a  general  system  of  education  by  common 
schools,”  passed  13th  June,  1836,  726-35 

TRANSFERS  OF  STOCK. 

1.  All  transfers  of  stock  in  the  Pittsburgh  gas  works,  to  be  made  by  endorse¬ 
ment  on  the  certificates  thereof,  (when  held  by  persons  residing  in  Philadelphia,) 
in  the  presence  of  the  cashier  of  the  Schuylkill  bank,  or  of  such  other  person  within 

136 


914 


INDEX. 


the  city  of  Philadelphia,  as  may,  by  ordinance,  be  appointed  for  that  purpose,  or  in 
the  presence  of  the  treasurer  of  the  city  of  Pittsburgh,  691 

2.  Certificates  in  the  loan  of  $75,000,  authorized  by  the  ordinance  of  the  29th 
of  November,  1834,  chap.  191,  ante,  p.  675-77,  made  transferable  at  the  Bank  of 
Pennsylvania,  in  Philadelphia,  in  presence  of  the  president  or  cashier  thereof,  in 
place  of  the  Schuylkill  Bank,  696 

TRANSPORTATION  OF  FLOUR  AND  MEAL. 

See  title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled,  “An  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the-  several  supplements 
thereto,  736-70 

TREASURER. 

1.  City  treasurer  to  attend  at  the  office  of  the  mayor,  upon  occasion  of  open¬ 

ing  the  proposals  received  by  him  for  the  city  loan  of  $75,000,  on  the  1st  of  April, 
1835,  676 

2.  The  city  treasurer  to  give  bond  in  the  sum  of  $20,000,  with  two  or  more 

sufficient  sureties,  to  be  approved  of  by  the  mayor,  recorder  and  city  solicitor,  con¬ 
ditioned  for  the  faithful  performance  of  the  duties  of  his  office,  706 

3.  Salary  of  the  city  treasurer  fixed  at  seven  hundred  dollars  per  annum,  pay¬ 

able  quarterly,  by  warrants  to  be  drawn  by  the  mayor,  in  his  favor,  on  the  city  trea¬ 
sury,  707 

4.  To  dispose  of  600  shares  of  stock,  in  the  Pittsburgh  gas  works,  at  public  or 

private  sale,  under  the  same  regulations  as  are  prescribed  by  the  ordinance  of  the 
27th  of  April,  1835,  and  the  several  supplements  thereto,  798 

TREASURERS  OF  SCHOOL  DISTRICTS. 

See  title,  “Education  and  Common  Schools,”  and,  also,  the  act  of  assembly, 
entitled  “An  act  to  consolidate  and  amend  the  several  acts  relating  to  a  general  sys¬ 
tem  of  education  by  common  schools,”  passed  13th  June,  1836,  726-35 

TRIALS  BY  JURY. 

In  the  trial  of  all  indictments  or  civil  suits,  removed  from  the  mayor’s  court, 
quarter  sessions,  or  common  pleas  of  Allegheny  county,  wherein  the  city  of  Pitts¬ 
burgh  is  directly  or  indirectly  interested,  although  the  said  city  may  not,  by  its  cor¬ 
porate  name,  be  a  party  to  the  record,  the  same  shall  be  tried  before  a  jury,  from 
which  all  persons  resident,  or  owning  real  property  in  said  city,  shall  be  exclu¬ 
ded,  777 

TRUSTEES  OF  THE  GAS  WORKS. 

1.  Authorized,  on  application  of  the  stockholders,  and  with  the  consent  of  the 

councils,  to  order  an  additional  subscription  of  gas  works  stock,  not  exceeding 
$20,000  or  400  shares  of  $50  each,  if  found  necessary  to  complete  the  works  and 
put  them  in  full  operation,  686 

2.  Twelve  trustees  of  the  Pittsburgh  gas  wTorks  to  be  chosen  within  twenty 

days  after  the  27th  of  April,  1835,  six  by  tlie  select,  and  six  by  the  common  coun¬ 
cil,  #  687 

3.  Trustees  to  be  divided  into  three  classes;  the  first  class  to  serve  for  one  year, 

the  second  class  for  two  years,  and  the  third  class  for  three  years,  or  until  their  suc¬ 
cessors  shall  have  been  appointed,  687 

4.  Four  trustees  to  be  chosen  thereafter  by  the  city  councils,  at  the  annual  sta¬ 

ted  meeting  in  January,  two  by  the  select  and  two  by  the  common  council,  to  serve 
in  place  of  the  four  trustees  whose  time  of  service  shall  have  expired,  687 

5.  Not  more  than  two  members  of  each  council  to  be  trustees  at  any  one  time; 

and  all  vacancies  occurring  to  be  filled  by  special  elections  to  be  held  by  the  body 
in  whose  delegation  in  the  board  of  trustees  the  vacancy  may  exist,  687 

6.  Seven  of  the  trustees  to  be  a  quorum  for  the  transaction  of  business  who 

shall  meet  within  ten  days  after  their  election,  and  choose  out  of  their  own  body  a 
president;  and  an  election  for  president  shall  take  place  in  each  succeeding  year,  at 
the  meeting  next  after  the  election  of  trustees,  687 

7.  Duty  of  the  trustees  to  proceed  forthwith  to  construct  suitable  works  for  the 


INDEX. 


915 


manufacture  of  carburetted  hydrogen  gas,  from  bituminous  coal,  for  the  purpose  of 
publie  and  private  illumination,  and  to  lay  pipes  for  its  distribution  throughout  the 
city,  688 

8.  Trustees  to  keep  accurate  accounts  of  their  receipts  and  disbursements,  and 

report  the  same,  together  with  a  statement  of  their  proceedings,  to  the  councils,  an¬ 
nually,  in  the  month  of  January,  and  from  time  to  time,  to  give  such  information  as 
may  be  required  by  the  select  or  common  council,  688 

9.  Trustees  to  declare  a  dividend  of  the  profits  arising  from  the  manufacture 

and  sale  of  gas,  semi-annually,  on  the  first  days  of  February  and  August,  after  de¬ 
ducting  the  rent  of  the  gas  wrorks,  the  expense  of  manufacturing  the  gas,  the  cost  of 
repairs  to  the  works,  and  the  incidental  charges  of  the  establishment;  and  to  issue  a 
requisition  on  the  mayor  for  the  payment  of  the  said  dividends  to  the  holders  of  the 
certificates,  688 

10.  No  trustee,  superintendent  or  agent  of  the  gas  works,  to  be,  either  directly  or 

indirectly,  concerned  or  interested  in  any  contract  or  engagement  for  doing  work 
or  labor,  or  furnishing  or  providing  materials  for  the  works,  688 

11.  No  act  of  the  trustees  to  impose  any  liability  whatever  on  the  mayor,  aider- 

men,  and  citizens  of  Pittsburgh,  beyond  the  amount  of  the  subscriptions,  688 

12.  Trustees  to  prepare  and  submit  to  the  councils  for  their  approbation,  from 

time  to  time,  rules  and  regulations  under  which  the  gas  may  be  furnished  to  private 
consumers  and  to  public  lamps,  688-89 

13.  Trustees  to  provide  all  fixtures  and  meters,  for  the  distribution  of  the  gas, 

without  any  expense  to  the  city  corporation,  they  being  first  approved  of  by  the 
lighting  committee  of  the  councils,  689 

14.  Mayor  authorized  to  draw  warrants,  which  shall  be  charged  to  the  gas 
works,  for  such  sums,  and  at  such  times  as  may  be  required  by  the  trustees,  689 

15.  All  requisitions  for  money,  shall,  in  the  first  place,  be  duly  authorized  by 

the  board  of  trustees,  and  be  certified  by  the  president,  689 

16.  Trustees  authorized  and  empowered,  for  and  in  behalf  of  the  city,  to  pur¬ 

chase  an  eligible  piece  of  ground,  to  be  appropriated  for  the  location  and  use  of  the 
gas  works,  for  which  such  rent  as  the  trustees  may  deem  reasonable  shall  be  charged 
to  the  works,  689 

TUBS  AND  KEGS. 

See  title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements  there¬ 
to,  736-70 

TURNPIKE  ROADS. 

1.  High  street  to  be  opened  and  extended  from  Coal  lane  to  the  Farmers  and 

Mechanics’  turnpike  road,  at  some  point  near  the  Fort  Pitt  glass  works,  698 

2.  When  so  opened  and  extended,  to  be  deemed,  taken  and  allowed  to  be  a 

public  street  and  highway  of  the  city  of  Pittsburgh,  and  of  the  county  of  Allegheny, 
the  same  as  the  other  streets  and  highways  of  the  city  and  county,  698 

3.  Damages  incurred  to  private  property,  in  consequence  of  opening  and  ex¬ 

tending  such  street  and  highway,  to  be  assessed  and  apportioned  among  the  proper¬ 
ty  holders  benefited  thereby,  698 

4.  Not  to  be  opened  until  the  damages  so  assessed  and  apportioned  have  been 

first  paid  or  tendered  to  the  persons  entitled  to  receive  the  same,  699 

5.  All  costs  and  charges  attending  the  viewing,  &c.  of  said  street  and  highway, 

to  be  regulated  in  the  same  manner  as  the  costs  of  similar  proceedings  under  the 
state  laws  for  making  and  repairing  roads  in  this  commonwealth,  699 

6.  No  section  of  the  new  city  district  to  be  so  located,  surveyed,  or  laid  out, 

as  to  be  partly  on  one  side  and  partly  on  the  other,  of  either  the  Farmers  and  Me¬ 
chanics’ turnpike  road  or  the  Pittsburgh  and  Coal  Hill  turnpike  road,  as  the  same 
are  now  located  through  the  said  new  district,  773 

UNIFORM  STANDARDS. 

1.  Uniform  standards  of  weights  and  measures,  to  be  distributed  by  the  secre¬ 
tary  of  the  treasury  of  the  United  States,  to  the  governors  of  the  several  States, 
&c.  790-91 


916 


INDEX. 


2.  See  “Acts  of  Congress,”  and  “Inspection  of  Produce;”  and  see,  also,  note 
62,  page  722,  and  note  79,  page  791 

UNMERCHANTABLE  PRODUCE. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an 
act  relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements 
thereto,  736-70 

UNSEATED  LANDS. 

See  Title  “Education  and  Common  Schools,”  and  also  the  act  of  assembly, 
commonly  called  the  general  school  law,  entitled  “an  act  to  consolidate  and  amend 
the  several  acts  relating  to  a  general  system  of  education  by  common  schools,”  pass¬ 
ed  13th  June, 1836,  726-35 

VACANCIES. 

In  case  of  the  death,  resignation,  or  removal  of  the  mayor,  or  other  vacancy 
in  the  office,  such  vacancy  to  be  filled  by  a  new  election,  for  the  remainder  of  his 
term  in  office,  by  the  city  councils,  within  15  days  thereafter;  and  at  least  ten  days 
notice  to  be  given  in  the  public  newspapers,  of  the  time  of  holding  the  same,  703 

VAGRANTS. 

1.  All  drunkards  and  vagrants,  as  well  as  all  suspicious  persons,  to  be  appre¬ 
hended  by  the  watchmen,  and  conveyed  to  the  public  watch  house,  and  thence,  at 
a  proper  time,  to  the  mayor’s  office,  for  examination  and  punishment,  713-14 

2.  What  particular  description  of  persons  shall  be  deemed  to  be  vagrants,  and 

liable  to  the  penalties  imposed  upon  that  class  of  persons,  784 

VAULTS  AND  CELLARS. 

All  offensive,  foul,  or  mouldy  vaults,  cellars,  privies,  or  other  nuisances  of  any 
kind,  to  be  examined,  and  daily  reported  to  the  mayor  or  sanitary  board,  by  the  assis 
tants,  as  well  in  the  streets  and  alleys  as  on  the  shores  of  the  rivers,  and  within  the 
enclosures  and  houses  of  the  citizens,  660 

VAULTS  AND  PRIVIES. 

1.  Not  to  be  emptied  or  cleansed,  (with  the  exception  of  portable  privies,)  be¬ 

tween  the  first  days  of  May  and  November  in  each  year,  except  by  a  special  per¬ 
mit  from  the  mayor  or  street  commissioner,  in  writing,  673 

2.  Penalty  of  not  less  than  five  nor  more  than  twenty  dollars  imposed  on  all 

persons  offending  against  this  regulation,  673 

3.  Duty  of  the  city  solicitor,  upon  the  information  of  the  mayor,  or  any  of 

the  aldermen,  to  proceed  and  recover  such  fine  or  penalty  according  to  law  with¬ 
out  delay,  673 

4.  Whenever,  between  the  first  days  of  May  and  November,  any  vault  or  privy 

shall  be  declared  by  the  proper  authority  to  be  a  public  nuisance,  the  same  shall  be 
forthwith  abated,  under  the  orders  of  the  mayor  or  street  commissioner,  673 

5.  Mayor  and  street  commissioner  authorized  to  grant  special  permits  in  wri¬ 

ting,  for  cleansing  and  purifying  foul  and  offensive  vaults  and  privies,  between  the 
1st  days  of  May  and  November;  the  same  to  be  performed  between  the  hours  of  11 
P.  M.  and  3  A.  M.  and  at  no  other  time,  673 

6.  Contents  of  all  such  vaults  and  privies,  so  cleansed,  by  the  order  of  the 

mayor  or  street  commissioner,  to  be  deposited  at  such  place  as  shall  be  designated 
by  the  street  commissioner,  and  at  no  other,  674 

7.  Such  cleansing  to  be  performed  in  such  manner  as  not  to  obstruct  the  free 

use  and  occupancy  of  any  public  or  private  property,  and  not  to  annoy,  injure,  or 
incommode  any  of  the  inhabitants  of  the  city,  under  the  penalty  of  not  less  than 
five  nor  more  than  twenty  dollars,  674 

8.  Permits  to  cleanse  and  purifyfoul  and  offensive  vaults  and  privies,  between 
the  1st  days  of  May  and  November,  not  to  excuse  or  exonerate  the  owners  thereof, 
from  the  payment  of  the  fines  and  penalties  imposed  on  all  persons  by  previous  or¬ 
dinances,  for  suffering  such  vaults  and  privies  to  become  public  nuisances,  674 

9.  Ordinance  of  27th  May,  1833,  Chap.  176,  ante ,  p.  662,  respecting  a  public 
float  at  the  junction  of  the  Allegheny  and  Monongahela  rivers,  repealed,  674 


INDEX. 


917 


VEGETABLES. 

1.  Not  to  be  sold  on  Mondays  and  Thursdays  at  any  other  place  in  the  city, 
than  in  the  Liberty  street  market  house,  under  the  penalty  of  five  dollars  for  every 
offence,  661 

2  Persons  exposing  vegetables  for  sale,  in  the  Diamond  market,  not  to  obstruct 
the  pavement  or  footways,  in  front  of  the  court  house  and  public  offices  in  the  Dia¬ 
mond,  under  a  penalty  of  two  dollars  for  every  offence,  662 

3.  All  obstructions  on  such  footways  and  pavements,  to  be  forthwith  removed 
by  the  constables  attending  upon  the  market,  662 

VICTUALLERS. 

Not  to  sell  any  article  of  meat,  &c.  usually  sold  by  them,  after  the  erection  of 
the  Liberty  street  market  house,  on  Mondays  and  Thursdays,  under  the  penalty  of 
five  dollars  for  every  offence,  661 

VIEWERS  OF  DAMAGES. 

Viewers  to  be  appointed  by  the  court  of  quarter  sessions  of  Allegheny  county, 
to  view  the  damages,  &c.  sustained  by  the  owners  of  lots,  in  consequence  of  the 
laying  out  of  Duquesne  Way,  from  the  eastern  boundary  of  the  city  along  the  Alle¬ 
gheny  river  to  Water  street,  772 

VIEWERS  OF  THE  NEW  CITY  DISTRICT. 

1.  To  be  disinterested  freeholders,  not  owning  real  estate  in  the  new  city  dis¬ 

trict,  and  to  be  first  duly  sworn  or  affirmed  before  entering  on  the  several  duties  pre¬ 
scribed  for  them,  773-4 

2.  Vacancies  in  the  board  of  viewers,  to  be  supplied  by  appointment  made  by 

the  court  of  quarter  sessions,  &c.  774 

3.  Duty  of  the  viewers,  in  locating,  laying  out,  and  dividing  the  said  new  dis¬ 
trict  into  sections,  &c.  particularly  described  and  set  forth,  774-5 

4.  Viewers  to  be  paid  one  dollar  and  fifty  cents  each,  per  day,  by  warrants  to 
be  drawn  by  the  commissioners  of  Allegheny  county,  on  the  county  treasurer,  775 

5.  All  costs  and  charges  to  be  also  paid  by  the  county  commissioners,  in  like 

manner,  including  expenses  of  all  maps,  plans,  surveys  and  erections  deemed  ne¬ 
cessary  for  said  division,  775 

VIEWERS  OF  STREETS  AND  ROADS. 

1.  Court  of  quarter  sessions  of  Allegheny  county,  on  being  petitioned,  author¬ 

ized  to  grant  a  view  for  the  purpose  of  ascertaining  the  propriety  of  opening  and 
extending  certain  streets  in4he  city  of  Pittsburgh,  698 

2.  The  said  court  to  appoint  nine  discreet  and  disinterested  freeholders,  who, 

after  being  duly  sworn  or  affirmed,  shall,  together  with  the  commissioners  of  Alle¬ 
gheny  county  for  the  time  being  or  a  majority  of  them,  view  the  ground  proposed 
to  be  opened  for  the  said  streets,  698 

3.  The  said  streets  to  be  laid  out  in  such  a  manner  as  to  do  the  least  injury  to 

private  property;  and  the  viewers  to  report  their  proceedings  to  the  next  court  of 
quarter  sessions,  and  if  the  said  court  shall  approve  the  same,  the  said  report  shall 
be  entered  on  record,  and  thenceforth  such  streets  shall  be  deemed,  taken  and  al¬ 
lowed  to  be  public  streets  and  highways,  698 

4.  The  said  viewers,  or  any  seven  of  them,  shall  enquire  what  damages  any 
individual  or  individuals  shall  or  may  sustain,  by  reason  of  opening  and  extending 
the  said  streets  and  highways,  and  shall  make  a  fair  estimate  of  the  same,  698 

5.  The  said  viewers  shall  also  enquire  to  whom  the  opening?of  the  said  streets 

and  highways  shall  be  a  benefit,  and  shall  apportion  and  assess  the  amount  of  dam¬ 
ages  so  found,  upon  the  individuals  so  benefited,  fairly  and  equitably,  in  proportion 
to  the  benefit  received  therefrom,  and  the  value  of  their  property  adjacent  to  the 
said  streets  and  highways,  698 

6.  The  said  viewers  to  file  their  apportionment  and  assessment  in  the  court 
of  quarter  sessions  of  Allegheny  county;  and  on  the  same  being  approved  by  the 
said  court,  the  report  shall  be  entered  and  recorded  at  large  upon  the  docket  there¬ 
of,  and  then  bind  and  conclude  all  parties  owning,  or  claiming  to  own,  the  property 
so  adjudged  to  be  benefited  by  the  opening  of  the  said  streets  and  highways,  698 


918 


INDEX. 


7.  The  costs  of  viewing,  and  of  assessing  and  apportioning  the  damages,  &c, 

and  of  opening  the  said  streets  and  highways,  to  be  regulated  in  the  same  manner 
as  the  costs  of  similar  proceedings  under  the  laws  of  this  commonwealth,  for  ma¬ 
king  and  repairing  of  roads,  &c.  699 

8.  Act  of  assembly,  entitled  “a  further  supplement  to  the  act  entitled  “an  act 

to  incorporate  the  city  of  Pittsburgh,  and  other  for  purposes,”  passed  15th  April, 
1835,  697-99 

9  Nine  discreet  and  disinterested  freeholders,  to  be  appointed  by  the  court  of 
quarter  sessions  of  Allegheny  county,  to  view  the  ground,  for  the  purpose  of  ascer¬ 
taining  the  propriety  of  opening  and  extending  Sixth  street,  from  Grant  street  to 
Coal  lane;  Wylie  street  to  Grant  street,  or  some  other  street  within  the  city;  and 
High  street  from  Coal  lane  to  intersect  the  Farmers  and  Mechanics’  turnpike  road, 
at  or  near  the  Fort  Pitt  glass  works,  698 

10.  Said  viewers,  after  being  first  sworn  or  affirmed,  shall,  together  with  the 

commissioners  of  Allegheny  county,  for  the  time  being,  or  a  majority  of  them, 
view  the  ground  proposed  to  be  opened  for  the  said  streets,  698 

11.  And  if  any  seven  of  them,  including  one  or  more  of  the  county  commis¬ 

sioners,  agree  that  there  is  occasion  for  opening  the  said  streets,  they  shall  pro¬ 
ceed  to  lay  out  the  same,  as  agreeably  to  the  prayer  of  the  petitioners  as  the  case 
may  be,  in  such  manner  as  to  do  the  least  injury  to  private  property,  698 

12.  The  said  viewers  shall  make  report  of  their  proceedings  to  the  next  court 

of  quarter  sessions  of  Allegheny  county;  and  if  the  said  court  shall  approve  the 
same,  it  shall  be  entered  of  record,  and  thenceforth  the  same  shall  be  deemed,  ta¬ 
ken  and  allowed  to  be  public  streets  and  highways,  698 

13.  The  said  viewers,  or  any  seven  of  them,  shall  also  enquire  what  damages 
any  individual  or  individuals  shall  or  may  sustain,  by  reason  of  opening  and  extend¬ 
ing  the  said  streets  and  highways,  and  shall  make  a  fair  estimate  of  the  same,  698 

14.  The  said  viewers  shall  also  enquire  to  whom  the  opening  of  the  said  streets 

and  highways  shall  be  a  benefit,  and  shall  apportion  and  assess  the  amount  of  dam¬ 
ages  so  found,  upon  the  individuals  so  benefited,  fairly  and  equitably,  in  proportion 
to  the  benefit  received  therefrom,  and  the  value  of  their  property  adjacent  to  the 
said  streets  and  highways,  698 

15.  The  costs  of  viewing  and  of  assessing  and  apportioning  the  damages,  &c. 

and  of  opening  the  said  streets  and  highways,  to  be  regulated  in  the  same  manner 
as  the  costs  of  similar  proceedings  under  the  laws  of  this  commonwealth  for  making 
and  repairing  of  roads  are  regulated,  &c.  699 

16.  Fifteen  or  more  persons,  disinterested  freeholders,  to  be  appointed  by  the 

court  of  common  pleas,  to  view  the  block  of  lots  between  Liberty  and  Penn  streets, 
for  the  purpose  of  opening  and  extending  Exchange  alley  from  St.  Clair  to  Irwin 
street,  719 

17.  To  lay  out  said  alley  16  feet  wide,  assess  damages  done  to  any  lots,  taking 

into  consideration  the  advantages  accruing  as  well  as  injury  done,  &c.  719 

18.  To  make  report  of  their  proceedings  to  the  court  of  common  pleas,  which 

shall,  if  approved  by  the  court,  be  entered  of  record,  &c.  719 

19.  Viewers  to  meet  on  five  days  notice,  and  if  any  twelve  or  more  attend,  be¬ 

ing  first  duly  sworn  or  affirmed,  they  shall  proceed  to  the  discharge  of  their  duty; 
and  if  a  sufficient  numberdo  not  meet  to  act,  or  if  they  cannot  agree,  the  court  of 
common  pleas  may  at  any  time  appoint  others,  719 

VIRGIN  ALLEY. 

Virgin  alley,  Diamond  alley,  and  Sixth  street,  to  be  each  of  them  graded  from 
Grant  street,  a  uniform  descent  to  Smithfield  street,  716 

VOTING  AT  ELECTIONS. 

Not  lawful  for  any  inhabitant  of  the  city,  to  vote  at  any  of  the  general  or  city 
elections,  except  within  the  ward  wherein  he  resides,  703 

WAGON  LOCKS. 

The  patent  break  lock,  and  no  other,  to  be  used,  in  all  cases,  by  wagons  and 
other  wheeled  carriages,  in  passing  over  the  paved  streets  of  the  city,  under  the 
penalty  of  ten  dollars  for  every  offence,  674-5 


INDEX. 


919 


WAGONS  AND  BOATS. 

See  title  “  Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an 
act  relating  to  inspections,”  passed  15th  April,  1835,  and  the  several  supplements 
thereto,  736-70 

WARDS. 

1.  The  third  section  of  the  ordinance  of  the  31st  of  December,  1832,  dividing 

the  city  into  two  wards,  East  and  West,  for  the  purpose  of  cleaning  the  streets,  & 
and  providing  for  the  appointment  of  an  additional  street  commissioner,  repeal¬ 
ed,  665-66 

2.  Select  and  common  councils,  on  the  first  Tuesday  of  January,  1834,  and 

annually  thereafter,  to  divide  the  city  into  four  wards,  or  districts,  so  as  to  make 
the  number  of  taxable  inhabitants  of  each  ward  of  the  city  as  nearly  equal  as  may 
be,  702 

3.  Councils  to  fix  the  places  of  holding  all  general  and  city  elections,  for  the 

different  wards,  at  such  houses  within  the  bounds  of  the  respective  wards,  and  not 
elsewhere,  and  to  change  the  same  as  often  as  public  convenience  may  re¬ 
quire,  702-3 

4.  City  divided  into  four  wards,  according  to  the  provisions  of  the  act  of  as¬ 
sembly  of  the  26th  December,  1833,  704 

5.  Boundaries  of  the  different  wards  particularly  described  and  set  forth,  704-5 

6.  Places  for  holding  the  general  and  city  elections  in  the  several  wards  of  the 

city,  designated,  705 

7.  Duty  of  the  councils  annually,  at  least  thirty  days  before  the  time  appointed 

for  holding  the  city  elections,  to  divide  the  city  into  four  wards  or  districts,  in  such 
manner  as  to  make  the  number  of  taxable  inhabitants  of  each  ward  as  nearly  equal 
as  may  be,  777 

WARDS  AND  CITY  ELECTIONS. 

1.  All  general  and  city  elections  to  be  held  at  particular  houses,  to  be  designated 

by  the  councils,  in  each  of  the  wards  of  the  city,  according  to  the  provisions  of  the 
act  of  assembly  of  2d  April,  1833,  663 

2.  Elections  for  the  North  ward  to  be  held  at  the  house  of  Thomas  Wynne,  cor¬ 
ner  of  Liberty  and  St.  Clair  streets,  664 

3.  Elections  for  the  South  ward  to  be  held  at  the  house  of  William  Alexander, 

corner  of  Smithfield  and  Third  streets,  664 

4.  Elections  for  the  East  ward  to  be  held  at  the  house  of  John  Dully,  corner  of 

Wood  and  Fifth  streets,  664 

5.  Elections  for  the  West  ward  to  be  held  at  the  court  house,  in  the  Dia¬ 
mond,  -  664 

6.  Councils  to  meet  on  the  first  Tuesday  of  January,  annually,  and  divide  the 

city  into  four  wards  or  districts,  for  election  purposes,  according  to  the  provisions 
of  the  act  of  assembly  of  the  26th  December,  1833,  666 

7.  Councils  to  fix  the  places  for  holding  all  general  and  city  elections,  for  the 

several  wards,  at  particular  houses  to  be  by  them  designated,  within  the  bounds  of 
the  respective  wards,  and  not  elsewhere,  666 

8.  All  general  and  city  elections  to  be  hereafter  held  at  the  following  places: — 

For  North  ward ,  at  the  house  of  Thomas  Wynne,  corner  of  Liberty  and  St.  Clair 
streets — for  Southward ,  at  the  house  of  William  Alexander,  corner  of  Smithfield 
and  Third  streets — for  East  ivard ,  at  the  house  of  John  Dully,  corner  of  Wood  and 
Fifth  streets — for  West  icard ,  at  the  court  house  in  the  Diamond,  667 

9.  Boundaries  of  the  several  wards  described,  667 

10.  The  persons  authorized  to  hold  the  city  elections,  to  meet  within  twenty 
four  hours  thereafter,  at  the  court  house  in  the  Diamond,  and  then  and  there  make 
out  and  prepare  a  regular  and  true  return  thereof,  under  their  hands  and  seals,  668 

11.  One  copy  of  the  official  returns  of  all  city  elections  to  be  given  to  the  pre¬ 

sident  of  the  select  council,  and  the  original  returns  to  be  filed  in  the  office  of  the 
clerk  of  the  city  court,  668 

12.  Councils,  in  joint  meeting,  to  examine  the  election  returns,  and  to  hear  all 

remonstrances  and  objections  to  the  same,  and  to  determine  and  declare  the  per¬ 
sons  qualified,  having  the  greatest  number  of  votes,  to  be  legally  elected,  668 

13.  In  all  cases,  where  an  election  for  city  officers  has  been  illegally  or  unfair- 


920 


INDEX. 


ly  conducted,  or  the  number  of  legal  votes  given  may  render  the  result  doubtful, 
the  councils  shall  have  the  power  to  set  the  same  aside,  and  order  a  new  election, 
giving  notice  thereof,  as  in  case  of  other  special  elections,  668 

WASHINGTON  STREET. 

1.  A  bridge  authorized  to  be  built  by  Harmar  Denny,  across  the  Pennsylvania 

canal,  at  or  near  Washington  street,  in  Pittsburgh,  of  such  form  and  dimensions  as 
may  be  prescribed  or  approved  of  by  the  canal  commissioners,  or  by  the  chief  en¬ 
gineer  of  the  western  division  of  the  Pennsylvania  canal,  696 

2.  The  city  corporation  not  to  incur  any  liabilities  for  the  construction,  preser¬ 
vation,  or  repair  of  the  said  bridge,  696 

3.  The  western  abutment  of  the  said  bridge  to  be  constructed  in  such  form, 
and  of  such  grade,  as  shall  be  directed  by  the  recording  regulator  of  the  city,  696 

WATCH  AND  WATCHMEN. 

1.  A  permanent  watch  for  the  city  to  be  appointed,  to  consist  of  one  captain, 

two  lieutenants,  and  sixteen  watchmen,  to  be  appointed  from  among  the  inhabitants 
qualified  to  vote  at  the  city  elections,  712 

2.  Duty  of  the  captain  to  attend  every  day  from  9  P.  M.  to  the  usual  hour  of 

dismissal,  for  the  purpose  of  superintending  and  overseeing  the  watch,  &c.  712 

3.  Rules  and  regulations  for  the  watch  to  be  read  once  a  month,  in  the  hearing 

of  the  watchmen  employed,  712 

4.  The  captain  of  the  watch  invested  with  all  the  powers  and  authorities  of  the 
high  constable,  and  the  like  duties  required  of  him,  except  in  certain  cases,  712 

5.  Duty  of  the  captain  of  the  watch  to  report  to  the  mayor  any  negligence  or 

want  of  fidelity  that  may  have  been  observed  in  any  of  the  persons  under  his  com¬ 
mand,  that  they  maybe  forthwith  fined,  or,  if  expedient,  stricken  from  the  roll  of 
watchmen,  712 

6.  Duty  of  the  lieutenants  of  the  watch  to  attend  at  the  watch  house,  at  9  P. 

M.  every  night,  unless  necessarily  absent,  to  receive  instructions,  &c.  712 

7.  To  report  every  two  hours  at  the  watch  house,  712 

8.  Watchmen  vested  with  all  the  rights  and  powers  of  the  city  constables,  as 

defined  by  the  act  of  incorporation,  712 

9.  To  meet  at  9  P.  M.  every  night  at  the  watch  house,  for  the  purpose  of  in¬ 

spection  and  instruction;  and,  together  with  the  captain  and  lieutenants  of  the 
watch,  at  such  other  times  at  the  mayor’s  office,  as  may  be  considered  of  importance 
to  the  public  peace,  712-13 

10.  Hours  of  duty  shall  be  from  roll  call,  till  4J  o’clock,  A.  M.  of  each  day, 

from  21st  March  to  21st  September;  and  until  6  o’clock,  A.  M.  of  each  day,  from 
21st  September  to  21st  March,  #  713 

11.  To  assemble  at  the  watch  house  in  the  morning,  and  convey  any  prisoners 
therein  confined  to  the  mayor’s  office,  to  be  there  dealt  with  according  to  law,  713 

12.  Watchmen  to  apprehend  all  assassins,  robbers,  and  other  violators  and  dis¬ 

turbers  of  the  public  peace;  and  every  one  they  may  have  cause  to  suspect  of  any 
unlawful  or  evil  design,  as  well  as  drunkards  and  vagrants,  and  convey  them  to  the 
watch  house.  713 

13.  To  call  the  hour  of  the  night,  and  state  of  the  weather,  as  directed,  to  light 
the  lamps,  after  the  introduction  of  gas,  to  alarm  the  neighbourhood,  &c.  in  cases  of 
fire,  and  to  repair  to  their  several  stations,  the  better  to  apprehend  any  persons 
who  may  be  feloniously  carrying  away  the  goods  and  chattels  of  another,  713 

14.  A  suitable  place  for  a  watch  house  to  be  fixed  upon  by  the  mayor  and  the 

joint  committee  of  the  councils;  suitable  rules  and  regulations  to  be  established  for 
the  government  of  the  watch;  the  city  to  be  divided  into  districts,  and  to  prescribe 
the  manner  in  which  the  duties  of  the  watchmen  shall  be  performed,  713 

15.  Joint  committee  of  councils  to  report  quarterly,  at  the  stated  meetings  of 

the  councils  in  March,  June,  September  and  December,  of  each  year,  and  report 
all  things  connected  with  the  watch  that  they  may  deem  important  to  the  public  in¬ 
terest  713 

16.  In  the  absence  or  inability  of  the  committee  to  attend,  the  mayor  to  have 
full  authority  to  alter,  amend,  or  add  to  the  regulations,  &c.  but  such  alterations  to  be 
reported  to  the  committee,  and  not  to  conflict  with  the  letter  and  spirit  of  the  ordi¬ 
nance, 


INDEX. 


921 


17.  The  captain,  lieutenants,  and  watchmen,  to  be  appointed  by  the  mayor  and 

joint  committee  of  the  councils,  subject  to  removal,  714 

18.  To  take  an  oath  to  perform  the  duties  of  their  offices  to  the  best  of  their 

abilities,  and  to  give  bonds  with  security,  to  be  approved  by  the  mayor,  714 

19.  Bonds,  captain  in  $1500,  lieutenants  in  $1000,  and  watchmen  in  $500  each, 

to  be  tiled  and  held  in  keeping  to  satisfy  any  damages  accruing  from  their  miscon¬ 
duct  in  office,  714 

20.  Penalties  to  be  imposed  for  misconduct  in  office,  shall  be,  in  case  of  an 

officer,  from  $5  to  $40,  and  in  case  of  watchman,  from  $1  to  $10,  at  the  discretion 
of  the  mayor,  on  a  fair  hearing  of  the  case,  714 

21.  Such  fines  or  penalties  to  be  recovered  as  debts  of  like  amount  are  by  law 

recoverable,  714 

22.  No  fees  or  gratuities  of  any  kind  to  be  claimed  or  accepted  of  from  any 

individual  arrested,  or  who  may  be  subject  to  their  power,  71 4 

23.  All  fees  and  costs,  to  which  any  individual  of  the  watch  may  be  entitled, 

to  be  received  by  the  captain  or  next  lieutenant,  and  deposited  in  bank,  under  the 
direction  of  the  mayor,  to  be  divided  by  the  mayor  and  joint  committee  of  coun¬ 
cils,  among  the  several  watchmen,  who  shall  have  distinguished  themselves  by  their 
good  conduct,  714 

24.  Mayor  and  joint  committee  of  councils  to  have  power  to  increase  the 

number  of  the  watch  in  cases  of  emergency,  of  which  increase  report  shall  be  made 
to  the  councils,  &c.  714 

25.  Persons  mimicking  the  cry  of  the  watchmen,  or  molesting  or  insulting 

them  while  in  the  performance  of  their  duties,  to  be  conveyed  to  the  watch  house, 
and  at  the  proper  time  to  the  mayor’s  office,  714 

26.  Persons  guilty  of  such  offences,  liable  to  imprisonment  as  disorderly  per¬ 

sons,  for  any  time  not  exceeding  ten  days,  or  be  subject  to  a  penalty  of  from  two  to 
ten  dollars,  at  the  discretion  of  the  mayor,  714 

27.  Mayor  to  draw  his  warrants  on  the  city  treasurer  monthly,  for  any  moneys 

due  on  account  of  the  watch,  on  the  order  of  the  captain,  endorsed  by  a  majority 
of  the  joint  committee  of  councils,  714 

28.  Pay  of  the  watch,  after  1st  April,  1836,  to  be  as  follows,  viz:  captain  $30, 

lieutenants  each  $25,  and  watchmen  each  $20  per  month,  714-15 

29.  The  salaries  of  the  officers  and  watchmen  of  the  permanent  city  watch  in¬ 
creased  as  follows:  captain  $31,  lieutenants  $26,  and  watchmen  $26,  per  month,  in 
place  of  the  former  salaries,  and  to  be  paid  monthly  as  heretofore  directed,  726 

WATCH  HOUSE. 

A  suitable  place  for  a  public  watch  house  to  be  fixed  upon  by  the  mayor  and 
the  joint  committee  of  councils,  713 

WATER  COMMITTEE. 

1.  Water  committee  authorized  to  appoint  a  suitable  person,  annually,  as  as¬ 
sessor  and  register  of  the  water  rents,  680 

2.  To  examine  the  annual  alphabetical  list  of  water  rents,  when  completed 

and  returned  by  the  assessor  and  register,  and  to  correct  and  approve  of  the  same, 
in  writing,  when  corrected,  680 

3.  To  examine  and  approve  of  the  bond  of  the  collector  of  the  water  rents,  in 

$6000,  before  the  said  collector  enters  upon  the  duties  of  his  office,  681 

4.  To  examine  and  approve  of  the  bond  of  the  assessor  and  register  of  the  wa¬ 
ter  rents,  in  $200,  before  he  enters  upon  the  duties  of  his  office,  681 

5.  The  gas  works  to  be  erected  on  a  scale  competent  to  the  manufacture  of 

50,000  cubic  feet  of  gas  daily;  and  the  arrangement  of  the  pipes  for  the  distribution 
and  delivery  of  the  gas  to  be  approved  of  by  the  water  committee,  688 

WATER  CRAFT. 

All  water  craft,  steam  boats,  keel  boats,  &c.  arriving  in  the  city,  to  be  examin¬ 
ed  by  the  wharf  master,  and  by  him  be  reported  to  the  sanitary  board,  or  to  the 
mayor,  in  such  manner  as  the  board  may  fromtimeto  time  require,  660 

137 


922 


INDEX. 


WATER  RENTS. 

1-  Water  committee  authorized  to  appoint  a  suitable  person  as  assessor  and  re¬ 
gister  of  the  water  rents,  ggQ 

2.  Duty  of  said  assessor  and  register,  to  make  out  and  prepare  a  correct  alpha¬ 
betical  list  of  the  names  of  all  persons  using  the  hydrant  water,  680 

3.  And  to  designate  the  streets  and  alleys  in  which  they  reside,  and  the  num¬ 
ber  of  the  buildings  they  occupy,  as  far  as  the  same  is  practicable,  680 

4.  Also,  to  designate  the  name  of  the  owner  or  owners,  of  the  building  so  oc¬ 

cupied,  the  trade  or  occupation  of  the  person,  being  the  principal  renter  or  occu¬ 
pier  of  each  house,  and  the  amount  of  water  rent  wherewith  each  individual  may 
be  assessed,  or  is  entitled  to  pay  for  the  current  year,  680 

5.  The  alphabetical  list  when  prepared  and  completed,  to  be  forthwith  laid  be¬ 
fore  the  water  committee,  ggO 

6.  Duty  of  the  water  committee  to  examine  the  same,  and  make  all  necessary 

corrections  and  additions  therein,  680 

7.  The  list,  when  corrected,  to  be  approved  of  by  the  water  committee  in 

writing,  680 

8.  Duty  of  the  assessor  and  register  of  the  water  rents,  to  enter  a  correct  copy 

of  the  list  in  a  book  of  record,  to  be  kept  for  that  purpose  by  the  water  committee, 
at  their  office,  680 

9.  Book  of  register,  &c.  to  be  open  to  the  inspection  of  the  members  of  the 

councils  at  all  seasonable  times,  if  required,  680 

10.  Duty  of  the  assessor  and  register,  when  the  annual  alphabetical  list  of  wa¬ 

ter  rents  is  completed,  and  approved  by  the  water  committee,  to  deliver  the  same 
to  the  collector  of  the  city  taxes,  680 

11.  Duty  of  the  collector  of  the  city  taxes  to  forthwith  demand  payment  of 

the  water  rents  from  the  persons  residing  on  the  premises  or  owning  the  estates 
charged  therewith,  and  to  collect  and  recover  the  same  without  delay,  680 

12.  Duty  of  the  collector  of  taxes  to  pay  over  weekly,  the  water  rents  by  him 

collected,  to  the  treasurer,  680 

13.  Collector  to  be  allowed  such  per  centage  for  his  trouble  and  services,  for 

collecting  and  paying  over  the  water  rents,  as  is  or  may  be  allowed  him  by  law,  for 
collecting  and  paying  over  the  city  taxes,  681 

14.  Before  proceeding  to  collect  the  water  rents,  the  collector  to  give  bond 

with  surety,  to  be  approved  by  the  water  committee  in  the  sum  of  $6000,  condition¬ 
ed  for  the  true  and  faithful  performance  of  his  duty,  681 

15.  Duty  of  the  collector,  on  the  first  Monday  of  August,  in  every  year,  to  re¬ 
port  to  the  assessor  and  register  of  water  rents,  all  delinquents,  on  oath  or  affirma¬ 
tion,  before  some  alderman  or  magistrate,  that  he  has  demanded  payment,  &c.  681 

16.  Register  and  assessor,  immediately  to  give  notice,  in  writing,  to  such  delin¬ 

quents,  that  if  the  water  rent  be  not  paid  in  two  weeks  thereafter,  they  will  be  de¬ 
prived  of  the  use  of  the  water,  and  that  suit  will  be  brought  against  them,  for  the  re¬ 
covery  of  such  rent,  together  with  all  attending  costs,  charges,  &c.  681 

17.  In  all  cases  of  non-payment  of  the  water  rent,  after  notice,  the  ferule  of 

the  pipe  of  conduit  shall  be  detached,  and  suit  brought  for  the  expenses  of  so  do¬ 
ing,  and  of  repairing  over  the  same,  with  ten  per  cent  on  the  amount  as  a  penalty 
for  such  delinquency,  681 

18.  Register,  &c.  directed  to  make  report  in  writing,  on  the  first  Monday  of 

September,  in  each  year, of  the  name  and  residence,  with  the  amount  of  the  rent 
and  charges  due  by  each  delinquent,  681 

19.  Delinquent  list  to  be  delivered  by  the  register,  &c.  to  the  superintendent  of 

the  water  works,  681 

20.  Duty  of  the  superintendent  of  the  water  works  to  forthwith  cause  the  fer¬ 

ules  of  all  such  delinquents  to  be  detached  from  the  pipe  of  conduit,  unless  the 
amount  due  be  forthwith  paid  to  him,  681 

21.  Superintendent  authorized  to  receive  water  rent  and  costs,  from  delin¬ 
quents,  and  to  pay  the  same  over  to  the  register,  &c.  681 

22.  Register  &c.  to  cause  suits  to  be  instituted  before  the  mayor,  or  any  of  the 

aldermen  of  the  city,  against  all  delinquents,  for  the  recovery  of  the  rents,  and  all 
costs  and  charges  of  detaching  the  ferule,  repairing,  &c.  together  with  ten  per  cent 
on  the  whole  amount,  681 


INDEX. 


923 


$3.  Wtien  such  water  rents,  Costs  and  charges  are  so  recovered,  the  register 
■shall  pay  the  same  over  to  the  city  treasurer,  681 

24.  Assessor  and  register,  before  entering  upon  the  duties  of  his  office,  to  give 

bond  with  surety,  satisfactory  to  the  water  committee,  in  the  sum  of  $2000,  condi¬ 
tioned  for  the  faithful  performance  of  the  duties  of  his  office,  &c.  682 

25.  Register,  <fcc.  to  receive  for  his  services,  an  annual  salary  of  $300,  payable 

quarterly,  by  warrants  to  be  drawn  by  the  mayor  on  the  city  treasury,  682 

26.  Superintendent  of  the  water  works  to  receive  an  annual  salary  of  $1200, 

payable  quarterly,  as  other  city  officers  are  paid,  besides  a  house  and  fuel  to  be  fur¬ 
nished  him  at  the  water  works,  free  of  charge,  682 

27.  Superintendent,  &c.  to  employ  a  trusty  and  skilful  engineer  for  the  water 

works,  at  such  salary  as  may  be  agreed  on,  which  salary  shall  be  paid  by  the  super¬ 
intendent  out  of  the  yearly  salary  allowed  him,  682 

28.  Certain  parts  of  the  ordinance  of  the  28th  of  January,  1833,  Chap.  172, 

ante,  p.  599-602,  repealed,  682 

WATER  STREET. 

1.  Joint  committee  of  councils  on  wharves  and  landings,  authorized  and  re¬ 

quired  to  grade  Water  street  and  the  Monongahela  wharf  from  Grant  street  to  the 
Point,  agreeably  to  a  diagram  in  the  office  of  the  recording  regulator,  724 

2.  Water  street  to  be  laid  off  so  as  to  be  thirty-five  feet  wide  from  the  curb  to 

the  line  of  the  wharf;  and  this  distance  to  be  preserved  from  Grant  street  to  West 
street,  &c.  724 

3.  A  culvert,  of  not  less  than  three  feet  diameter,  to  be  placed  at  Water  street, 
and  other  streets  between  Grant  street  and  the  Point,  according  to  said  diagram,  724 

4.  Duquesne  Way  to  be  laid  out,  on  a  parallel  line  with  Penn  street,  from  Wa¬ 

ter  street  to  the  eastern  boundary  of  the  city,  forty  feet  wide,  and  at  a  grade  of  not 
more  than  four  feet  below  the  level  of  Penn  street,  770-71 

WATER  WORKS. 

1.  AH  dirt  and  filth  removed  from  the  streets,  alleys,  &c.  in  the  city,  by  the 

street  commissioner,  to  be  deposited  in  some  place  where  it  cannot  be  injurious  to 
the  water  works  of  the  city,  660 

2.  Amount  appropriated  for  the  city  waterworks,  in  the  year  1835,  $6,500,  684 

3.  The  joint  committee  of  councils  on  water,  authorized  and  required  to  lay 
down  water  pipes  along  Second  street  from  Ross  street  to  the  eastern  boundary  of 
■the  city,  and  to  continue  the  same  thence  to  a  point  opposite  the  gas  works,  717 

4.  Assessor  and  register  of  the  water  works  authorized  to  contract  with  persons 

building  for  the  necessary  supply  of  water  for  such  building,  and  to  grant  permits 
for  the  use  of  the  same,  "  794 

5.  Superintendent  of  the  water  works  to  procure,  under  the  direction  of  the 

water  committee,  an  iron  stop  cock  box,  and  keep  the  same  in  his  office,  at  the  wa¬ 
ter  works,  as  a  model,  from  which  all  other  stop  cocks  shall  be  made,  &c.  794 

6.  All  stop  cock  boxes  hereafter  placed  in  any  of  the  streets,  alleys  or  squares 

of  the  city,  to  be  constructed  after  such  model,  794 

7.  If  any  person  shall  neglect  or  refuse  to  provide  and  place  such  box,  or  shall 

use  one  of  a  different  model,  he  shall  forfeit  and  pay  for  every  such  offence,  the  sum 
of  ten  dollars,  794 

8.  The  tax  agreed  upon,  to  be  paid  by  persons  using  the  hydrant  water,  in  the 

erection  of  buildings,  to  be  paid  within  three  months  after  the  date  of  such  con¬ 
tracts,  794 

9.  No  permit  to  be  granted  to  any  person,  to  use  the  hydrant  water  for  building 

purposes,  who  may  be  in  arrears  for  water  tax,  794 

10.  The  assessor  and  register  of  the  water  rents  required  to  fix  the  rates  of 
charge  for  water,  for  building  purposes,  as  nearly  as  may  be  as  follows: — 

For  stone  work,  per  perch,  4  cents. 

“  brick  work,  per  1000,  6  do. 

“  Plastering,  3  coats,  same  as  brick,  6  do. 

All  applications  to  use  the  hydrant  water  for  building  purposes,  to  be  made  to  the 
assessor  and  register  of  the  water  rents,  794-95 


924 


INI)  EX. 


WEIGH  MASTER  AT  THE  MARKET. 

To  pay  only  $50  rent  for  the  year  1835,  and  all  previous  ordinances  as  to  the 
rent  of  the  weigh  house  altered  and  repealed,  684 

WEIGHTS  AND  MEASURES. 

1.  Act  of  assembly  to  fix  the  standards  and  denomination  of  measures  and 

weights  in  Pennsylvania,  passed  15th  April,  1834,  719-23 

2.  Governor  to  procure  positive  standards  of  weight  and  measure,  within  three 

years,  to  be  deposited  in  the  office  of  the  secretary  of  the  commonwealth,  to  be 
there  carefully  preserved,  720 

3.  Governor  to  provide  within  three  years,  for  every  county,  positive  standards 

of  measures  of  length,  of  capacity  and  of  weight,  of  the  several  denominations  in 
common  use,  or  such  of  them  as  may  be  deemed  necessary  for  the  accurate  and 
convenient  adjustment  of  weights  and  measures,  721 

4.  The  said  standards  to  be  of  approved  construction,  carefully  compared  with 

the  state  standards,  and  made  of  the  same  materials,  and  having  caused  the  same 
to  be  duly  stamped,  to  have  them  to  be  delivered  to  the  commissioners  of  the  coun¬ 
ties  respectively,  to  be  used  as  standards  for  the  adjusting  of  weights  and  measures, 
and  for  other  purposes,  721 

5.  Duty  of  the  county  commissioners,  &c.  at  least  once  in  ten  years,  or  often- 

er,  if  they  think  necessary,  to  have  the  county  standards  examined  and  tried,  and, 
if  necessary,  to  be  corrected  or  renewed  according  to  the  state  standards  at  Harris- 
burgh,  721 

6.  Mode  pointed  out  by  which  the  governor  shall  cause  the  positive  standards 

of  the  state  to  be  occasionally  referred  to  natural  and  invariable  standards  for  cor¬ 
rection,  721 

7.  The  expense  of  furnishing  county  standards  to  be  paid  out  of  the  county 

treasuries  respectively,  721 

8.  And  the  expense  of  procuring  the  state  standards  to  be  paid  out  of  the  state 

treasury,  upon  the  accounts  being  settled  in  the  usual  manner,  721 

9.  Secretary  of  treasury  of  the  U.  S.  directed  to  deliver  a  complete  set  of  all 

weights  and  measures  adopted  as  standards,  and  now  either  made  or  in  the  progress 
of  manufacture,  for  the  use  of  the  several  custom  houses,  and  for  other  purposes,  to 
the  governor  of  each  state,  for  the  use  of  the  states  respectively,  to  the  end  that  a 
uniform  standard  of  weights  and  measures  may  be  established  throughout  the  United 
States,  790-91 

10.  See  act  of  Congress  entitled  “An  act  to  continue  the  mint  at  the  city  of 

Philadelphia,  and  for  other  purposes,”  passed  19th  May,  1828,  723-24 

11.  See,  also,  resolution  of  congress,  entitled  “A  resolution  providing  for  the 

distribution  of  weights  and  measures,”  passed  14th  June,  1836,  790-91 

12.  See,  also,  title  “Inspection  of  Produce,”  &c. 

WEST  WARD. 

1.  All  general  and  city  elections  within  the  bounds  of  the  West  ward  of  the 

city,  to  be  held  at  the  court  house,  in  the  Diamond,  .  664 

2.  The  boundaries  of  the  West  ward  hereafter  to  be  as  follows: — Beginning  at 

the  middle  of  Liberty  and  Marbury  streets,  and  running  thence  down  Marbury 
street  to  the  Allegheny  river,  thence  along  the  Allegheny  river  to  its  confluence 
with  the  Monongahela  river,  thence  up  the  Monongahelariverto  the  middle  of  Wood 
street,  thence  up  the  middle  of  Wood  street  to  Diamond  alley,  thence  up  the  mid¬ 
dle  of  Diamond  alley  to  Market  street,  thence  up  the  middle  of  Market  street  to 
the  middle  of  Liberty  street,  and  thence  down  the  middle  of  Liberty  street  to  the 
place  of  beginning,  667 

3.  The  general  and  city  elections  for  the  West  ward  of  the  city,  to  be  held  at 

the  court  house  in  the  Diamond,  705 

4.  So  much  of  the  city,  beginning  at  the  middle  of  Liberty  and  Marbury  streets, 
and  running  thence  down  Marbury  street  to  the  Allegheny  river,  thence  along  the 
Allegheny  river  to  its  confluence  with  the  Monongahela  river,  thence  up  the  Mo¬ 
nongahela  river  to  the  middle  of  Wood  street,  thence  up  the  middle  of  Wood 
street  to  the  middle  of  Diamond  alley,  thence  up  the  middle  of  Diamond  alley  to 
the  middle  of  Market  street,  thence  along  down  the  middle  of  Market  street  to  the 


INDEX. 


925 


middle  of  Liberty  street,  and  thence  down  the  middle  of  Liberty  street  to  the  place 
of  beginning,  to  constitute  the  boundaries  of  the  West  ward ,  704 

WHARFAGE  AND  TOLLS. 

Councils  authorized  to  lay  and  collect  such  fees,  tolls  and  duties,  in  the  nature 
of  wharfage,  for  the  use  of  the  public  landings  on  the  Allegheny  river,  as  they  may 
deem  just  and  necessary;  and  to  exercise  the  same  powers  and  authorities  over  the 
same  as  they  may  or  can  exercise  over  the  other  public  streets  and  landings  with¬ 
in  the  city,  77 1 

WHARF  MASTER. 

Duty  of  the  wharf  master  to  examine  all  steam  boats,  keel  boats,  and  other 
water  crafts,  that  may  arrive  within  the  bounds  of  the  city,  and  make  report  to  the 
board  in  such  manner  as  they  may  require,  660 

WHARVES  AND  LANDINGS. 

1.  Amount  appropriated  for  the  improvement  of  wharves  and  landings,  in  the 

year  1835,  $1000,  684 

2.  The  space  between  the  line  of  Duqnesne  Way  and  the  low  w  ater  mark  of 

the  Allegheny  river,  (when  said  way  is  laid  out,)  to  be  forever  after  occupied  and 
used  as  a  public  landing,  under  the  direction  of  the  city  councils,  77J 

3.  Joint  committee  of  councils  on  wffiarves  and  landings,  authorized  and  re¬ 

quired  to  grade  Water  street  and  the  Monongahela  wharf  from  Grant  street  to  the 
Point,  agreeably  to  a  diagram  in  the  office  of  the  recording  regulator,  724 

4.  Water  street  to  be  laid  off  so  as  to  be  thirty-five  feet  wdde  from  the  curb  to 

the  line  of  the  wharf:  the  wharf  to  extend  from  the  line  of  the  street  227  feet  to  low7 
water  line,  at  a  regular  descending  grade  from  the  line  of  the  street,  724 

5.  This  distance  from  the  line  of  wTater  street  to  be  preserved  from  Grant  street 

to  West  street;  from  West  street  to  the  Point,  the  water  line  to  be  preserved,  termi¬ 
nating  at  the  Point,  128  feet  from  the  line  of  Water  street  as  laid  down  in  said  dia¬ 
gram,  724 

6.  Sixty  feet  from  the  curb  of  the  wharf,  a  row7  of  fastenings  40  feet  apart,  a- 

long  the  wharf,  to  be  placed;  50  feet  above  which  another  row  of  fastenings,  the 
same  distance  apart;  and  50  feet  above  the  second  row,  a  third  row7  of  fastenings  to 
be  fixed,  same  distance  apart,  as  arranged  on  the  said  diagram,  724 

7.  The  fastenings  to  be  either  of  locust,  not  less  than  seven  feet  long,  with  a 

ring  and  links  similar  to  those  now  in  use,  or  a  chain  securely  fastened  round  a 
stone,  not  less  than  three  feet  long  and  one  foot  in  diameter,  to  be  placed  not  less 
than  five  feet  below  the  surface  of  the  ground,  724 

WHISKEY  AND  SPIRITS. 

See  Title  “Inspection  of  Produce,”  and  also  act  of  assembly,  entitled  “an  act 
relating  to  inspections,”  passed  15th  of  April,  1835,  and  the  several  supplements 
thereto,  736-70 

WOOD  STREET. 

A  culvert  not  less  than  three  feet  in  diameter,  to  be  placed  at  Wood  street,  ac¬ 
cording  to  a  diagram  filed  in  the  office  of  the  recording  regulator,  724 

WYLIE  STREET. 

1-  Wylie  street  to  be  opened  and  extended  to  Grant  street,  or  some  other  street 
within  the  city,  to  be  designated  by  view-ers  to  be  appointed  by  the  court  of  quarter 
sessions  of  Allegheny  county,  according  to  the  provisions  of  the  act  of  assemblv  of 
the  15th  of  April,  1835, 

2.  Wylie  street  when  opened,  to  be  graded  from  Fifth  street  to  High  street,  at 
an  angle  of  two  degrees  and  22  minutes  below  the  horizon,  and  thence  to  the  city 
line,  as  now  bounded,  atauniform  descent, one  inch  and8-10ths  in  every  ten  feet 
to  Ross  street, 


926 


CITY  OFFICERS. 


LIST  OF  CITY  OFFICERS--! 837. 


Mayor, . 

City  Treasurer, 

Wharf  Master,  - 

City  Gauger, 

Recording  Regulator, 

Regulators  of  Streets  and  Lots,  - 
Street  Commissioner, 

Assistant  do. 

Weigh  Master  at  the  Markets,  - 
Weigh  Master  at  the  Hay  Scales, 
City  Assessor,  - 

Collector  of  Taxes  &  Water  Rents, 
Inspector  of  Salt, 

Inspector  of  Tobacco, 

Inspector  of  Pot  and  Pearl  Ashes, 
Assessor  &  Register  of  Water  Rents, 
Superintendent  of  the  Water  Works 
Measurer  of  Boards  &  Scantling, 
do.  do.  do. 

do.  do.  do. 

do.  do.  do. 

do.  do.  do. 


JONAS  R.  M’CLINTOCK, 

WILLIAM  PENTLAND. 

FLORENCE  COTTER. 

JAMES  FULTON. 

Z.  W.  REMINGTON. 

LEWIS  KEYON,  E.  H.  IIEASTINGS. 
WILLIAM  ALEXANDER. 

JOHN  SMITH. 

ALEXANDER  HAY. 

CHARLES  GLENN. 

THOMAS  PERKINS. 

THOMAS  DICKSON. 

JOSEPH  CUPPLES. 

JOHN  TURBETT. 

THOMAS  BAKEWELL, 

WEBB  CLOSEY, 

,  ROBERT  MOORE. 

GEORGE  NEELANDS. 

ANDREW  GETTY. 

JACOB  M’CLELLAND. 

JOHN  CREIGHTON. 

AARON  FLOYD. 


MEMBERS  OF  THE  SELECT  COUNCIL, 
With  the  periods  for  which  they  were  elected  to  serve. 


1.  JOHN  ARTHURS, 

East  Ward,  2d  Tuesday  of  January,  1838. 

2.  GEORGE  OGDEN, 

South  Ward, 

do. 

do. 

do. 

3.  SAMUEL  ROSEBURG, 

West  Ward, 

do. 

do. 

do. 

4.  WILLIAM  WADE, 

North  Ward, 

do. 

do. 

do. 

5.  WILLIAM  PORTER, 

East  Ward, 

do. 

do. 

1839. 

6.  JOHN  P.  BAKEWELL,* 

South  Ward, 

do. 

do. 

do. 

7.  JOHN  D.  DAVIS, 

West  Ward, 

do. 

do. 

do. 

8.  SAMUEL  P.  DARLINGTON,  North  Ward, 

do. 

do. 

do. 

9.  JOSEPH  P.  GAZZAM, 

East  Ward, 

do. 

do. 

1840. 

10.  JAMES  P.  STEWART, 

South  Ward, 

do. 

do. 

do. 

11.  JOHN  WARDEN, 

West  Ward, 

do. 

do. 

do. 

12.  GEORGE  A.  COOK, 

North  Ward, 

do. 

do. 

do. 

VJLiUItUij  n*  Vy  V/V/I\  j  llUl  III  I  V  CIA  u , 

SAMUEL  P.  DARLINGTON,  President. 
ALEXANDER  MILLAR,  Clerk. 

GEORGE  KINZER,  Messenger  and  Door  Keeper. 


MEMBERS  OF  THE  COMMON  COUNCIL, 
Elected  to  serve  till  the  2d  Tuesday  of  January,  1838. 


North  Ward, 
do. 
do. 
do. 
do. 

South  Ward, 
do. 
do. 
do. 
do. 


1.  M.  B  MILTENBERGER, 

2.  ROBERT  GALWAY, 

3.  S.  R.  HOLMES, 

4.  JOSIAH  KING, 

5.  WILSON  M’CANDLESS, 

6.  THOMAS  ROBINSON, 

7.  JOHN  M’GILL, 

8  JOHN  BIRMINGHAM, 

9.  CHAMBERS  M’KIBBON, 
10.  LINTON  ROGERS, 


*  Elected  in  place  of  Martin  Rohm,  deceased. 


CITY  OFFICERS. 


927 


East  Ward, 

11,  SAMUEL  FREW, 

do. 

12.  GEORGE  W.  BRADLEY, 

do. 

13.  WILLIAM  M.  EDGAR, 

do. 

14.  MARTIN  LYTLE, 

do. 

15.  THOMAS  HAMILTON, 

West  Ward, 

16.  REES  C.  TOWNSEND, 

do. 

17.  JOHN  BLAKELY, 

do. 

18.  JOHN  NICHOLSON, 

do. 

19.  JAMES  MAY, 

do. 

20.  B.  C.  SAWYER,* 

M.  B.  MILTENBERGER,  President. 
EDWARD  J.  ROBERTS,  Clerk. 

JOHN  OSBORNE,  Messenger  and  Door  Keeper. 


STANDING  JOINT  COMMITTEES  OF  COUNCILS,  FOR  1837. 

1.  On  Finance. — Messrs.  Davis  and  Arthurs  of  the  Select,  and  King,  May  and 
M’Candless  of  the  Common  Council. 

2.  On  Water. — Messrs.  Wade  and  Cook  of  the  Select,  and  M'Gill,  Blakely  and 
Rogers  of  the  Common  Council. 

3.  On  the  Canal. — Mr.  Stewart  of  the  Select,  and  Messrs.  Lytle  and  Holmes  of 
the  Common  Council. 

4.  On  Streets,  Grading  and  Paving. — Messrs.  Porter  and  Warden  of  the  Select, 
and  Townsend,  Edgar  and  Bradley  of  the  Common  Council. 

5.  On  Wharves  and  Landings. — Mr.  Bakewell  of  the  Select,  and  Messrs.  Bir¬ 
mingham  and  King  of  the  Common  Council. 

6.  On  Claims  and  Accounts. — Mr.  Ogden  of  the  Select,  and  Messrs.  Hamilton  and 
Robinson  of  the  Common  Council. 

7.  On  Wooden  Buildings. — Mr.  Roseburg  of  the  Select,  and  Messrs.  Frew  and 
Nicholson  of  the  Common  Council. 

8.  On  Appeals  from  City  Assessments. — Mr.  Roseburg  of  the  Select,  and  Messrs. 
Frew  and  Lytle  of  the  Common  Council. 

9.  On  Fire  and  Hose  Companies. — Mr.  Cook  of  the  Select,  and  Messrs.  Robinson 
and  May  of  the  Common  Council. 

10.  On  Gas  Lighting. — Mr.  Wade  of  the  Select,  and  Messrs.  M’Kibbon  and  Ro¬ 
gers  of  the  Common  Council. 

11.  On  Markets. — Mr.  Ogden  of  the  Select,  and  Messrs.  Galway  and  Edgar  of 
the  Common  Council. 

12.  On  the  City  Police. — Mr.  Cook  of  the  Select,  and  Messrs.  Bradley  and  M’¬ 
Candless  of  the  Common  Council. 

13.  Sanitary  Committee. — Mr.  Gazzam  of  the  Select,  and  Messrs.  M’Kibbon  and 
Holmes  of  the  Common  Council. 

14.  Trustees  of  the  Gas  Works  on  the  part  of  the  city,  chosen  on  the  18 th  of  May.  1836. 
— Richard  Biddle,  Esq.  President.  To  serve  for  three  years,  Richard  Biddle  and 
William  Hays,  chosen  by  the  Select  Council;  to  serve  for  two  years,  chosen  by  the 
same,  John  Caldwell  and  Thomas  Bakewell;  to  serve  for  one  year,  chosen  by  the 
same,  Benjamin  Darlington  and  William  Wade;  to  serve  for  three  years,  chosen  by 
the  Common  Council,  Christian  Anshutz  and  William  W.  Irwin;  to  serve  for  two 
years,  chosen  by  the  same,  Dr.  William  A.  Simpson  and  John  W.  Johnston;  to 
serve  for  one  year,  chosen  by  the  same,  Z.  W.  Remington  and  Jonas  R.  M’Clintock. 
And  at  a  meeting  of  the  councils,  on  the  30tli  January,  1837,  John  Caldwell  and 
Thomas  Bakewell  were  re-elected  by  the  Select  Council,  to  serve  for  three  years; 
and  Robert  H.  Douthitt  and  M.  B.  Miltenberger  were  elected  by  the  Common 
Council  to  serve  for  three  years,  in  place  of  Z.  W.  Remington  and  Jonas  R.  M’¬ 
Clintock,  whose  term  of  service  at  that  time  expired. 


*  Robert  H.  Douthitt  was  elected  at  the  general  election,  but  resigned  after  the  6rst 
meeting  of  the  councils,  and  B.  C.  Sawyer  was  elected,  at  a  special  election,  held 
on  the  25th  January,  1837,  to  supply  the  vacancy. 


928 


CITY  OFFICERS. 


APPOINTMENTS  BY  THE  MAYOR,  FOR  1837. 

City  Solicitor — James  Findlay,  Esq. 

Vaccine  Physician — Dr.  George  Bruce. 

High  Constable. — John  B.  Gray. 

City  Constables . — Daniel  Wearts,  P.  D.  Wells,  James  Siicer  and  P.  Quinn 
Clerk  of  the  Markets. — Alexander  Park. 

Assessor  of  Dog  Tax. — William  M’Donald. 

Captain  of  the  Watch. — Conrad  Upperman. 

Lieutenants  of  do. — David  Jewell  and  Hugh  Bateman. 


WATCHMEN 


No.  1.  Geo.  W.  Abbott, 

2.  Henry  Kennedy, 

3.  Thomas  M’Clelland, 

4.  Richard  Keenan, 

5.  Alexander  Gray, 

C.  Joseph  Whitmore, 

7.  J.  Ferguson, 

8.  Job  Lusbett, 


No.  9.  Clarke  Jewell, 

10.  John  Wallace, 

1 1.  John  H.  Jones, 

12.  John  Clemmer, 

13.  John  M’Mullin, 

14.  Robert  Potts, 

15.  Leo.  Snyder, 

16.  J.  Fox. 


•4 


